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From eskrima-admin@martialartsresource.net Sat Oct 17 17:14:30 2009 Return-Path: Received: from tarsus.bollow.ch (tarsus.bollow.ch [82.195.230.222]) by plus11.host4u.net (8.11.6/8.11.6) with ESMTP id n9HMETk18608 for ; Sat, 17 Oct 2009 17:14:29 -0500 Received: from tarsus.bollow.ch (localhost [127.0.0.1]) by tarsus.bollow.ch (Postfix) with ESMTP id 66A4DB280FB; Sun, 18 Oct 2009 02:49:03 +0200 (CEST) Date: Sun, 18 Oct 2009 02:48:21 +0200 Message-ID: <20091018004821.15700.97734.Mailman@tarsus.bollow.ch> From: eskrima-request@martialartsresource.net Subject: Eskrima digest, Vol 16 #227 - 3 msgs X-Mailer: Mailman v2.0.13.cisto1 MIME-version: 1.0 Content-type: text/plain To: eskrima@martialartsresource.net Errors-To: eskrima-admin@martialartsresource.net X-BeenThere: eskrima@martialartsresource.net X-Mailman-Version: 2.0.13.cisto1 Precedence: bulk Reply-To: eskrima@martialartsresource.net X-Reply-To: eskrima@martialartsresource.net List-Unsubscribe: , List-Id: Eskrima-FMA discussion forum, the premier FMA forum on the Internet. List-Post: List-Help: List-Subscribe: , Status: O X-Status: X-Keywords: Send Eskrima mailing list submissions to eskrima@martialartsresource.net To subscribe or unsubscribe via the World Wide Web, visit http://martialartsresource.net/mailman/listinfo/eskrima or, via email, send a message with subject or body 'help' to eskrima-request@martialartsresource.net You can reach the person managing the list at eskrima-admin@martialartsresource.net When replying, please edit your Subject line so it is more specific than "Re: Contents of Eskrima digest..." <<---- The Sudlud-Inayan Eskrima/Kali/Arnis/FMA mailing list ---->> Serving the Internet since June 1994. Copyright 1994-2009: Ray Terry and Martial Arts Resource. Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. The Internet's premier discussion forum devoted to Filipino Martial Arts. 2700 members. Provided in memory of Mangisursuro Michael G. Inay (1944-2000). See the Filipino Martial Arts (FMA) FAQ and the online search engine for back issues of the Eskrima/FMA digest at http://MartialArtsResource.com Mabuhay ang eskrima! Today's Topics: 1. GGM Braulio Pedoy's birthday (Karl Vorwerk) 2. B.C. court (Eskrima-FMA) 3. More on Waivers (Marc Denny) --__--__-- Message: 1 From: Karl Vorwerk Date: Fri, 16 Oct 2009 13:21:55 -1000 To: eskrima@martialartsresource.net Subject: [Eskrima] GGM Braulio Pedoy's birthday Reply-To: eskrima@martialartsresource.net "Attn: All Derobio Masters, Chief's, Maestro's, Students and supporters, Please take a moment to reflect that our beloved GGM Braulio Pedoy's birthday is today October 16. He was born on Oct 16, 1900 and passed on July 29, 1992. He is responsible for bringing Derobio Escrima to America in 1924. While many of us have gone our seperate ways in the FMA world, let us not forget the wonderful man that taught so many of us Derobio and made is possible for his art form to be passed down through the generations of not only the past but will live on in the future. Please celebrate his birthday in what ever manner you prefer, but remember with out him the art of Derobio Escrima would not be with us. Long Live Eskrima master ron Ola'a-nalo Eskrima Hawaii" Karl --__--__-- Message: 2 From: Eskrima-FMA Date: Fri, 16 Oct 2009 17:03:40 -0700 To: Eskrima-Digest Subject: [Eskrima] B.C. court Reply-To: eskrima@martialartsresource.net Parents cannot waive a child’s right to sue for injuries: B.C. court By NEAL HALL VANCOUVER SUN October 16, 2009 4:02 PM METRO VANCOUVER -- A parent cannot sign away a child’s right to sue for injuries caused by negligence, a judge has ruled in what is believed to be a precedent-setting decision. Victor Wong of Richmond, now a 20-year-old University of B.C. student, sued Lok’s Martial Arts Centre and owner Michael Lok. Wong claimed he suffered injuries because of the negligence of the defendants, including Ramin Asgare Nik, who violently threw Wong to the ground in the course of a sparring match at a Hapkido school owned and operated by Lok’s. Wong alleged the defendants were negligent “in failing to take preventative measures to ensure that injuries did not occur in the course of sparring matches by taking such measures as screening participants, instructing participants, requiring suitable protective gear or carefully supervising matches.” Lok and the martial arts centre went to court to have the lawsuit dismissed, arguing that Wong’s mother, Yen To, signed a release, agreeing not to make legal claims for injuries when Wong first began taking lessons in 2001, when he was 12. The document, titled “Conditions of membership and release,” said: “It is expressly agreed that all exercises and treatments, and use of all facilities shall be undertaken by the student’s sole risk...YOU ARE RESPONSIBLE FOR ALL INJURIES!” B.C. Supreme Court Justice Peter Willcock concluded that while the Infants Act was intended by the legislature to establish the sole means of creating contractual obligations that bind minors, “the act does not permit a parent or guardian to bind an infant to an agreement waiving the infant’s right to bring an action in damages in tort.” The judge dismissed the defendant’s application to strike the lawsuit, but has not ruled on whether the defendants were negligent. That matter now is set to proceed to trial on Nov. 23. “It appears to be precedent-setting in B.C.,” Wong’s lawyer, Bonnie Lepin, said Friday of the ruling. “It may well be the first [ruling of its kind] in Canada.” She said the ruling will not affect parents signing waivers for their children involved in sports or skiing who have accidental injuries. The ruling, she added, only means a parent cannot sign away a child’s right to sue for injuries caused by negligence. Lepin said her client suffered a fracture of his right arm, which required surgery and left the young man partially disabled. His right arm now becomes fatigued and cramped because of the injury, she said. “He gets more time to write exams,” Lepin explained about the UBC student. The full judgment is available online at: http://www.courts.gov.bc.ca/jdb-txt/SC/09/13/2009BCSC1385.htm --__--__-- Message: 3 From: "Marc Denny" To: Date: Sat, 17 Oct 2009 05:48:04 -0700 Subject: [Eskrima] More on Waivers Reply-To: eskrima@martialartsresource.net Woof All: > I think the risk takers all left for the new world about 200 years ago. > lol Perhaps I'm bit moody this morning, but I really don't see that much left of the American sense of initiative and responsibility for self. We have become a nation of whining kitties, unwilling to man up and take responsibility for much of anything. > Subject: Re: [Eskrima] UK thought process > From: iPat > > but the lampost padding is merely a cheap marketing ploy. > whilst risk management and H&S concerns do at times tie peoples hands, > its a concept that really was brought in by US companies frightened by > their own litigation environment. The coffee cup with 'This contains > Hot Coffee" or 'There may be nuts in this bag of Peanuts' was not a UK > invention. Agreed. > The waivers I see being used at seminars for certain JKD instructors > are a result of the actions of a few idiots probably miffed at the > fact that an Instructor didnt lick their backside for them. Whilst the > waiver doesnt necessarily stand up in court it does give some the > opportunity of recognising that risk may be involved. I have no idea as to how the UK legal environment works in this regard, but with regard to California my opinion is that legal liability waivers ARE given considerable support and effect when it comes to "dangerous activities" (hangliding, car racing, parachuting, and yes there is a martial arts case wherein the instructor himself injured the student, yet the waiver is upheld). The idea generally being that these are things you don't have to do and that ordinary negligence can have extraordinary consequences (e.g. bale of hay in race track) you should STFU and go home if you sign a waiver if things go wrong. The Adventure continues, Crafty Dog/Marc --__--__-- _______________________________________________ Eskrima mailing list Eskrima@martialartsresource.net http://martialartsresource.net/mailman/listinfo/eskrima Subscribe or Unsubscribe: http://eskrima-fma.net Old digest issues @ ftp://ftp.martialartsresource.com/pub/eskrima Copyright 1994-2009: Ray Terry, MartialArtsResource.com, Sudlud.com Standard disclaimers apply. Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. Remember September 11. End of Eskrima Digest