i'm being sue for what my son did

[tinta1970]

What is the name of your state (only U.S. law)? maryland
ok here it is one day i left mysons at thier karate class it was sparring day my sons are black belt at that time every1 has to wear there gear and head piece my 11 year was to spare the instructor he is 3 degree black belt some how my son kick him in the neck he did not mean it but it did happen in class the instructor said he said stop to the students my son said he did not hear him he was in the middle of some kind of spin kick so the instructor sued my son but DISMISS W/OUT PREJUDICE / DEF IS MINOR 9S0 COMPLAINT DISMISSED (RULE 3-506) so now the instructor is suing me and my husband the thing is we left them under his care and supervision and what my son did he is to hit is instructor can and one tell me can he sue us and can he win oh yeah he is suing us for 30,000.00 for damages he was sore that about it no prement damages he was the at the class 1 week later

 

[seniorjudge]

What is the name of your state (only U.S. law)? maryland
ok here it is one day i left mysons at thier karate class it was sparring day my sons are black belt at that time every1 has to wear there gear and head piece my 11 year was to spare the instructor he is 3 degree black belt some how my son kick him in the neck he did not mean it but it did happen in class the instructor said he said stop to the students my son said he did not hear him he was in the middle of some kind of spin kick so the instructor sued my son but DISMISS W/OUT PREJUDICE / DEF IS MINOR 9S0 COMPLAINT DISMISSED (RULE 3-506) so now the instructor is suing me and my husband the thing is we left them under his care and supervision and what my son did he is to hit is instructor can and one tell me can he sue us and can he win oh yeah he is suing us for 30,000.00 for damages he was sore that about it no prement damages he was the at the class 1 week later

Was there a question?

Anyway, hire a lawyer no later than last week.

 

[Just Blue]

What is the name of your state (only U.S. law)? maryland
ok here it is one day i left mysons at thier karate class it was sparring day my sons are black belt at that time every1 has to wear there gear and head piece my 11 year was to spare the instructor he is 3 degree black belt some how my son kick him in the neck he did not mean it but it did happen in class the instructor said he said stop to the students my son said he did not hear him he was in the middle of some kind of spin kick so the instructor sued my son but DISMISS W/OUT PREJUDICE / DEF IS MINOR 9S0 COMPLAINT DISMISSED (RULE 3-506) so now the instructor is suing me and my husband the thing is we left them under his care and supervision and what my son did he is to hit is instructor can and one tell me can he sue us and can he win oh yeah he is suing us for 30,000.00 for damages he was sore that about it no prement damages he was the at the class 1 week later

Please go back and punctuate your post. If will make it more comprehensive for members that want to help you.

 

[seniorjudge]

Please go back and punctuate your post. If will make it more comprehensive for members that want to help you.

And maybe even comprehensible!

(I know...y'all have had a lot of ice. I'll overlook it this time.)

 

[cyjeff]

Our crystal ball is still out for service.

We cannot predict the outcome of a trial.

I will tell you this though... I spent every Wednesday for 5 years sparring in a local dojo.

Never, not ONCE, did I fail to hear the "STOP" command or fail to stop when told.

NEVER.

And these were black belts of different schools that met to hone skills against different fighting styles.

None of THEM ever failed to hear the STOP.

It is perfectly legal to sue the guardian of a child for that child's actions.

 

[seniorjudge]

...
Our crystal ball is still out for service.
...

But, we have filed a request with the Blue TARP people for bailout money.

A couple of billion should cover it.

 

[mommyof4]

What is the name of your state (only U.S. law)? maryland
ok here it is one day i left mysons at thier karate class it was sparring day my sons are black belt at that time every1 has to wear there gear and head piece my 11 year was to spare the instructor he is 3 degree black belt some how my son kick him in the neck he did not mean it but it did happen in class the instructor said he said stop to the students my son said he did not hear him he was in the middle of some kind of spin kick so the instructor sued my son but DISMISS W/OUT PREJUDICE / DEF IS MINOR 9S0 COMPLAINT DISMISSED (RULE 3-506) so now the instructor is suing me and my husband the thing is we left them under his care and supervision and what my son did he is to hit is instructor can and one tell me can he sue us and can he win oh yeah he is suing us for 30,000.00 for damages he was sore that about it no prement damages he was the at the class 1 week later

Honestly, your 'explanation' of what your son did is completely incomprhensible. There's not even enough of a suggestion of a sentence structure to begin to figure out what you are trying to say.

 

[Just Blue]

And maybe even comprehensible!

(I know...y'all have had a lot of ice. I'll overlook it this time.)

 

[creditorRights]

guys is this not a workplace related injury? how is this any different from a piece of metal falling on a contstruction worker, or a painter falling off his ladder? I'm not really sure how the parents of this child acted in a negligent fashion.

 

[Zigner]

guys is this not a workplace related injury? how is this any different from a piece of metal falling on a contstruction worker, or a painter falling off his ladder? I'm not really sure how the parents of this child acted in a negligent fashion.

What's your point (about workplace injury)? Do you have some reason to believe that a person is barred from bringing suit against the perpetrator of an assault just because they're at work?

Nobody said the parents acted negligently...

 

[j991]

OP you certainly need to work on the writing skills. That aside, the instructor can sue the parents of a minor child for the actions of the child. The major caveat is that the parents were acting in a negligent manner. For example, if you let your child run around the grocery store and he caused a disruption that injured someone, you the parents would be negligent in caring for your son. In the situation that you descripe (although I cannot predict the outcome of any trial) you turned your son over to a competant authority who was responsible for your son during the training time. Therefore, it is the instructor who is responsible for the actions of the child. It is his responsbility to ensure that all of the actions of the students are safe (or as safe as karate can allow). You certainly need to hire an attorney as soon as possible in the matter.

 

[cyjeff]

OP you certainly need to work on the writing skills. That aside, the instructor can sue the parents of a minor child for the actions of the child. The major caveat is that the parents were acting in a negligent manner. For example, if you let your child run around the grocery store and he caused a disruption that injured someone, you the parents would be negligent in caring for your son. In the situation that you descripe (although I cannot predict the outcome of any trial) you turned your son over to a competant authority who was responsible for your son during the training time. Therefore, it is the instructor who is responsible for the actions of the child. It is his responsbility to ensure that all of the actions of the students are safe (or as safe as karate can allow). You certainly need to hire an attorney as soon as possible in the matter.

I agree with you.. to a point.

A sparring match is a different animal. Rules are explicitly followed BECAUSE the opportunity of injury is ever present.

This is akin to going to a shooting range and ignoring the "man on the range" sign and shooting anyway.

Here is what I believe TRULY happened... take this as my opinion only as someone that received his share of lumps.

The OP would have you believe that the word STOP was yelled while junior was in the middle of a round house kick... in the mean time, the opponent had completely dropped his guard... WHILE FACING SOMEONE IN THE MIDDLE OF A ROUND HOUSE KICK. An instructor, no less.

This does not happen. Instinct and training kick in and you remain in defensive posture until the kick is completed. Further, a karate move is not like firing a weapon where you no longer have control over the bullet once it leaves the barrel. That kick could have/should have been stopped and/or redirected at any time in the move. ESPECIALLY considering Junior is a black belt.

Therefore, the kid took a swing at the instructor when the instructor wasn't looking. Junior waited for the instructor to turn away and then cheap shot him and connected. I am guessing that Junior will say that the master was mean to him or something... or "made me mad".

This is not a good attitude for a child with advanced fighting skills to have. Damn near dangerous, actually.

On a related note, Junior will not only be banned from this dojo but should have his black belt removed and will be banned from any other respected dojo. For several years if not ever.

In martial arts, respect, authority and discipline are the iron rules. Thugs are not welcome.