Most martial artists practice their craft in hopes of never having to use it outside of the dojo, but what if they do? Will these martial artists be liable for injuries or damages they caused using their skills?

When are martial artists liable in civil or criminal cases?

The answers depends on the circumstances. Each case is reviewed on an individual basis. Some points that courts look at when deciding on liability include:

• Was there an attack or an aggressor?
• Did the martial artist feel threatened?
• Was using force necessary?
• Did the martial artist exhaust all other options to diffuse the situation prior to using force?
• Were the skills used in self-defense?
• Was the threat imminent?
• Was the force used excessive?
• Was the force use proportionate to the attacker’s?

Most states in the U.S. have adopted the Stand Your Ground doctrine that states that you have a right to use reasonable force to protect yourself or others.

The primary goal of martial arts is to teach students how to protect oneself from threat of harm. It can also be used to protect others from the same threats. If a martial artist intentionally misused the skills to harm, injury or kill another person, they could face criminal and civil liability.

A few examples of martial arts that teach a student how to protect them self, include Taekwondo, Aikido, Karate, Krav Maga, Jiu-Jitsu, Judo, and Mixed Martial Arts.

When are martial artists criminally liable?

They may be criminally liable if they used their martial arts to start or repel an attack that is non-existent or minimal. In these cases, the martial artist could face a misdemeanor or felony assault charge.

When do martial artists face civil liability?

They may civil charges if they use their skills negligently or willfully and cause a person’s injuries or they cause property damage. If a person suffered injuries and medical expenses or property damage as a result of a martial artist’s negligent use of their skills, they could sue in civil court to obtain damages or compensation.

For more information, send us a message!