<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>However, a release may not shield a defendant from responsibility for violation of a statutory duty. Henry v. Mansfield Beauty Academy, Inc., 353 Mass. 507, 511 (1968). Gonsalves v. Commonwealth, supra at 609 n.2.
In this case, the plaintiff argues that the release does not bar his action because the defendants had a statutory duty under the State Building Code (code) to maintain the ice skating rink in a safe condition, 780 Code Mass. Regs. § 104.1 (1990), and the release is void as against public policy.<HR></BLOCKQUOTE>
Under G. L. c. 143, § 3A, the State Building Code is applicable and enforceable in every municipality in Massachusetts. Under its provisions, an "owner" shall be responsible for maintaining all "buildings" and "structures" in a "safe and sanitary condition." 780 Code Mass. Regs. §§ 104.1 & 104.2 (1990). <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote
An owner is defined as "[e]very person(4) who alone or jointly or severally with others (a) has legal title to any building or structure; or (b) has care, charge, or control of any building or structure in any capacity including but not limited to agent . . . of the estate of the holder of legal title . . . ." 780 Code Mass. Regs. § 201.0 (1990).
Does this mean that GEM sensei fits the definition of “owner” when in control of the Hut on Saturday mornings for 90 minutes?
And he would be liable for a nail sticking into someone’s foot or for any other unsafe condition of the building leading to injury or death of a student?
Gross negligence <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote
Any action or an omission in reckless disregard of the consequences to the safety of another. Sometimes referred to as "very great negligence" and it is more then just neglect of ordinary care towards others or just inadvertence. Also known as the Latin term culpa lata.
The risk I see is that , given perceptions of the inherent dangers of karate training and the negative thoughts of violence associated with it in the minds of lay jurors, Would our peers lean more to a generous interpretation of the term “gross negligence”__
Think of all the activities Gene has mentioned. How would a jury perceive them in the light of “safety to another” ?
A good trial lawyer would create much havoc with “hired guns” selling a standard of care by karate instructors.
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Van Canna