Have a 1 yr contract with a TaeKwonDo school. I got injured from it. I cant even run anymore! They wont...?

Question

...let me get out of the contract. It stipulates that the injury has to be permanent. I already went to the doctor and he told me it would be stupid to continue with it cause it will further damage my knees. He signed a form but the TKD school keeps on saying the injury has to be permanent.

What can I do? Any legal action possible?

Answer 1

As both a law student and a martial arts instructor, perhaps I can shed some light on this subject:

first, most injuries that you would sustain in a karate class are part of a general assumption of risk. It is exactly the same risk that you assume when you play football at your high school. Should you break your collar bone, you can't sue your coach or the high school. If something happens that is grossly outside of the norm, then you may be able to get some compensation, but this would be incredibly difficult in a martial arts setting. If you were doing takedowns and the school had padded mats and chose not to use them, then you may be able to submit a claim. The problem is that the nature of a karate class is that you will be punched, kicked and thrown around. You sign a contract prior to taking classes which will have an indemnification clause. Now, it may be possible that the person who injured you was acting negligently, and you might be able to sue them personally, but the school is safe. Any lawsuit in this setting is going to have extreme difficulty in succeeding.

Setting aside the assumption of risk, to prove negligence you have to show a specific duty, a breach of that duty, that the breach of that duty was the proximate cause of your injury, an injury, and a specific dollar amount that can be tacked onto your injury that can be justified. You can only be compensated for this, no punitive damages, (punishing damages).

On the issue of the contract, generally a contract is binding if both parties have signed and agreed to the terms. You may have a defense to a breach, however. If you stop making payments, or call your bank and stop all automatic payments, the school can sue you for breach of contract. You would in turn make the defense that it is impossible for the terms of the contract to be made (i.e. for you to continue to take classes). The doctrine of impossiblity is ancient, but how a court would handle it is dependant on your jurisdiction.

What you can do is continue to make payments to the karate school, or discontinue to make payments and breach the contract. Whether the school may successfully recover for the breach is a different story. Keep in mind that the school can only recover what the value is for the remainder of the contract + and legal fees (unless you did something blameworthy in the breach of the contract). The court seeks to make the parties whole as if the contract was never broken, and so you don't see the huge judgements you see on TV for other things. Consequently, lawyers are usually never hired to handle these. Let me say again, generally all that the non-breaching party can recover is what they would have gotten had the contract not been breached. If the contract was for $600 and they only got $200, then a court would grant them $400, plus the fees for filing in small claims court which are generally between $25 and $50. So the breaching party would have to pay only $25-$50 extra. (It didn't make much sense to me in contracts class the time, but it's the way that it is)

You can call a lawyer and explain your situtation and he will generally tell you the same thing. He will determine if you are worthy of becoming a client, because of your injury, and in so doing, will give you free legal advice specific to your jurisdiction.

You can handle this without a lawyer, however.

Answer 2

Can your doctor write a note stating you have sustained a permanent injury to your ? If he is saying, by continuing, you could "further" damage, then there IS an injury that won't go away completely.

The word "permanent injury" does not mean disfiguring, disabling, and massive injury.

In car accidents, whiplash causes small muscles to tear. They will heal, but will leave scar tissues. (not visible from outside and microscopic) THAT is considered a permanent injury as it will never go away.

You could have a lawyer write a letter, but beyond it, it may cost you more than what you hope to gain.

By the way, if you got injured at and as a result of the business, you have certain rights. Even if you signed a form stating you will not sue them for injuries, that doesn't apply if there is a gross negligence. (such as lack of supervision)

Seems to me, they have responsibility over your injury. Of course I am not a lawyer and you should consult with one before doing anything.
Good luck.

Answer 3

You signed a contract, you are bound to that contract. There are things called avoidance defenses that may allow you to get out of one. In this case it would be called frustration, in which one of the parties is still able to perform the contract, but the principle motivation for the assent is no longer there. That is really you're only chance.
My advice in a general sense would be to write them a letter explaining that you are going to get legal action involved and file a claim against them if they do not null your contract. That may scare them. Or you can stop paying them and if they bring you to court get a lawyer then. You may have a decent chance for an avoidance defense, I can't say anything explicitly because I am not a barred attorney, so I can not give legal advice.

Answer 4

In an old Bruce Lee Movie, Bruce would go over and kick all their butts (even the Masters).

I think you may have legal rights here. BUT, would hiring a Lawyer cost more than the year contract?

Answer 5

Please see a personal injury lawyer (they advertise all over TV). I think you have a case, especially if you have a legitimate M.D. backing you up.
Sometimes a strongly worded letter is enough to make these guys back down. They can't afford to spend the time sitting in court.
Good luck.

Answer 6

Tell the school you will go to the local newspaper/TV station with your story if they don't cancel your contract. They will not want all the negative publicity.