Legal Question in Entertainment Law in California
I am the owner and main instructor at a small Taekwondo School. A mother is unhappy with the amount of contact her red belt son 12 had with a black belt 14 student while sparring. We start our students after 6 months with no contact sparring, then light contact after a few months, but red+ go a little harder depending on their comfort level.
The mother has filed an incident report with the clubhouse location we rent out space out saying her son was kicked too hard in the head - he was, but they stopped fighting and his partner asked if he was ok, he said yes and they continued on. Accidents happen, but I have been teaching for over 14 years and haven't had a student with any broken bones, bloody noses, or black eyes. We are careful.
The mother is threatening to call the police the next time this happens and claims she's talked to someone at the police dept, and that now this black belt has a "record" and he can be arrested the next time.
I'm very concerned, not for their safety because I know this was an accident and it is a contact sport, but for my student and a police incident if another accident should happen. I believe the risk of having her, and by association her son, at my school has become too great.
Question 1 - can she call the police? what can they really do to my 14 year old student if it was accidental, can they arrest me as the instructor?
Question 2 - we are month to month payment with no contract, if I tell her she is no longer welcome to have her student at my school, can she sue me/ the school?
Sam
2 Answers from Attorneys
You should be fine asking her not to return to your school. Check with the lawyer who wrote your school contract and read the terms of the contract. A polite letter stating that the school feels it would be best to part ways with her son citing language in the contract is best. It is worthwhile to pay the attorney who wrote your contract to send the letter, just to be on the safe side. Spend a little now to avoid a lot later. Feel free to call my office if you need more help. Good luck!
Sam,
You might be right. She can call the police, but they shouldnt do anything unless they are misguided. When someone chooses to go into a martial arts class and spar, they accept certain risks, like getting kicked in the face. Unless there was something beyond what you have described, I believe if the police act properly, they should decide this is not a police matter. However, it is impossible to guarantee because sometimes the squeaky wheel gets the grease, as they say. Generally, in such a situation, a crime cannot occur if the other person consents, which a student does when they decide to spar, and probably, even a tort action for battery etc. is waived. As far as your second question, according to the law, you are generally free to contract with anyone you choose, and you can choose not to allow this student into your class and reject his money. Can she sue? yes. Will she win? Probably not if the judge understands. Can she make your life difficult with a lawsuit anyway? Maybe. What is the remedy? Have me or another attorney write her a letter, so if she proceeds with a baseless lawsuit or other action, you will have explained it to her in advance, and may have a chance of getting attorneys' fees.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi
870 Market Street, Suite 1161
San Francisco CA 94102
www.danielbakondi.com
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