Seriously? WTF??

[The_Outlaw]

While taking some self defense classes over the weekend for the Texas level 3 armed guard certification training. I witnessed firsthand one of the 2 so called instructors actually 'threw' a 1.5 lb rubber training knife from about '6 feet' away without any warning whatsoever into a students face!
I was that student and it was my face!
Seriously!? WTF??
I ended up with a very large goose egg shaped contusion, 2 inches by 3 inches in diameter, bulging out just above my left eye on my left forehead area and a small cut/scrape below my left eye on my cheek.
When the practice knife struck me, I was immediatly in quite a bit of shock & pain and I quickly responded angrily by shouting at the instructor; "What the fk was that about?! What were you thinking dude!?"
The instructors both laughed (nervously) as if it was supposed to be funny and the lead instructor tried to blow it off as if it was nothing serious to worry about.
But the other students seemed to be in shock & disbelief at this instructors wreckless behaviour as was I.
Even after using an ice pack on the contusion for over 1.5 hours, it was still very large.
I wanted to 'check out' of the class and get a refund, but they refused to refund me my money for the level 2 & 3 classes. I was supposed to finish the level 3 training class the very next day (Tuesday), but I decided to not even attend. Training with 'live rounds' around these clowns did not seem like a very wise idea to me.
Now I'm out the $250.00 with not even the level 2 or 3 certificates to show for all of my time & efforts.
The lead instructor tried to contact me over the phone when I was over an hour late on Tuesday, but I chose not to take nor return his phone call. I'm hoping that maybe I could have some legal options in this case. I did go to a prima care to get checked out by a Doctor and I do have documentation and photos of the injuries.
It still hurts a bit even if I barely touch it or wash my face.
~Any thoughts or advice would really be appreciated.~

 

[Black Dragon]

Did you sign some type of waiver?

The waiver will probably state something like; training can be dangerous and you can be hurt while training.
The waiver will not protect them if there is negligence on their part but proving they were negligent may be difficult unless you have reputable witnesses that are willing to side with you.

Was throwing the fake knife part of the training or were they horsing around?

 

[The_Outlaw]

Did you sign some type of waiver?

The waiver will probably state something like; training can be dangerous and you can be hurt while training.
The waiver will not protect them if there is negligence on their part but proving they were negligent may be difficult unless you have reputable witnesses that are willing to side with you.

Was throwing the fake knife part of the training or were they horsing around?

I still have the original signed waiver inside of my car in my possession. That's probably why the instructor was trying to reach me.
There was a total of 6 other students who witnessed the incident, but I don't have their phone numbers or names.
I am pretty darn sure that the unannounced knife throwing was not part of training.
It is not a Ninja School! LOL

 

[BigSlick]

Two words... Judge Judy

 

[Black Dragon]

OK cool so you never signed a waiver for the class.

Contact them once more and try to work something out. The instructor may realize that it was kind of childish they way the did things and he may come up with a solution that you both agree on.

If the instructor acts like it's your loss tell him you want to be compensated for the class(es) you missed and the cost of the doctor's visit.
They will bring up that you signed a waiver and you will tell them you never signed a waiver and because of their negligence you were injured.

If they still don't want to comply talk to an attorney and/or take them to small claims court for your loses. Try to get witnesses to what happened if you can.

I'm not a lawyer so take what I say with a grain of salt.

 

[jrequejo]

I'm also a Level 3 instructor and what happened to you was uncalled for. No where in the Level 3 training manual does it state to throw anything at a student. The Students safety is the ultimate responsibility of the Instructor(s). I'm no attorney but I would definitely contact one to at least get your money back.
good luck and let us know how it turns out.

 

[Glock Fan]

What about contacting the agency that certifies these people? I know that if I pulled that kind of crap while teaching a UT CFP class, UT BCI would rip me a new one!

 

[TlWheatley]

A waiver will not release themfrom an assault charge.

 

[rdm6680]

Seems like there could be more to this story.

 

[The_Outlaw]

Seems like there could be more to this story.

Huh? WTF are you implying?

 

[Nightmare45]

Simple answer is assault pure and simple, they are responsible you could have lost an eye or even suffered a concussion. These idiots should not be teaching anything. If you were going in for live fire situation could be much worse.

 

[Phillip Gain]

Rule #1: Never get legal advice from faceless forum folks.

While it's fine discussing law and legal issues as a matter of general knowledge, it's best to consult an attorney if you have a specific issue such as this. A good attorney will explain your options.

 

[The_Outlaw]

Simple answer is assault pure and simple, they are responsible you could have lost an eye or even suffered a concussion. These idiots should not be teaching anything. If you were going in for live fire situation could be much worse.

My thoughts exactly!
That's why I chose not to attend the final class which was the live fire qualification stage of the course. I also did not want to waive them of any liability by turning in my paperwork which included the waiver portion. I still have the original waiver forms including the level 2 & 3 test pages in my possession.

 

[Treo]

I am assuming that this was paid training required by your employer. If that is true I would do three things in this order.

1. File a worker's compensation claim through your employer.

2. Contact an attorney who specializes in this type of case. The first consult is generally free and they will tell you if you have a case that's worth pursuing. You aren't going to get rich off this but you are entitled to be made whole.

3. Find out who credentialed that instructor and file a complaint with them.

 

[Nightmare45]

I agree with Gain get good legal advice from attorney, my comment was my two cents but I would consider legal action and would assume you would seek legal advice.

 

[rdm6680]

Seems like there could be more to this story.

Huh? WTF are you implying?

Sounds like a situational awareness lesson gone wrong. Were you paying attention? Just asking. Doesn't seem logical to just throw a rubber knife without cause or to prove a point. Regardless, sucks that you were hurt.

 

[The_Outlaw]

I am assuming that this was paid training required by your employer. If that is true I would do three things in this order.
1. File a worker's compensation claim through your employer.
2. Contact an attorney who specializes in this type of case. The first consult is generally free and they will tell you if you have a case that's worth pursuing. You aren't going to get rich off this but you are entitled to be made whole.
3. Find out who credentialed that instructor and file a complaint with them.

Unfortunately, I cannot file a workers compensation claim because I am currently unemployed.
I paid for this class out of my own pocket to get the level 2 & 3 certifications to help me actually find employment.

 

[The_Outlaw]

Sounds like a situational awareness lesson gone wrong. Were you paying attention? Just asking. Doesn't seem logical to just throw a rubber knife without cause or to prove a point. Regardless, sucks that you were hurt.

I have ~both~ Military Police experience (U.S. Army Honorably Discharged) and another 14 years of armed security experience in Southern California (Including Supervisor experience).
In all of my years working in both the law enforcement & security industry I have NEVER seen or experienced this form of gross negligence from any Instructor before.
"Situational Awareness Lesson"? Are you kidding me??
Unexpectedly throwing a 1.5 lb rubber knife 'full force' into a students face from 6 feet away without any warning whatsoever is supposed to accomplish what exactly??
Maybe that sort of crap works in ~Ninja School~ but that kind of wreckless behaviour doesn't seem safe or even logical for any sort of Security Guard Training, Unless it's for some comedy movie starring Ben Stiller.

 

[Treo]

Sounds like a situational awareness lesson gone wrong. Were you paying attention? Just asking. Doesn't seem logical to just throw a rubber knife without cause or to prove a point. Regardless, sucks that you were hurt.

In case no one has explained this to you stupid people do stupid things

 

[agrippakc]

Um.. 1) get a lawyer. 2) file a police report for battery. 3) can I come to your new traing school when its over?