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My family went to a paintball park. I was hit by a paintball in the face, and suffered a cracked cheekbone. Is the park liable?
There are several competing theories of liability here.
The park will argue that you assumed the risk of any injury resulting from activities at the park which, depending on where you are located, may have no affect on your case or may be enough to impact the amount of damages or even prove to be a total defense. In fact, if you were warned of the risks and were provided with protective equipment, most courts would find that you did, in fact, assume the risk of injuries. However, if you signed a written release stating that the park was not liable for any injuries, you should not let that waiver keep you from talking to an attorney about your case. Traditionally, courts are not very interested in upholding these types of releases as they are very one-sided and you don’t really have a bargaining position when you sign them.
On the other hand, if you were not told about the risks of the game, or if you were not provided with sufficient protective gear, the park may be liable for your injury. However, if you chose to take the protective gear off or not wear it at all, the park’s liability may be lessened somewhat even if the gear was uncomfortable due to ill fit.
The person who hit you in the face with the paintball is also a potential party to sue. It may be difficult to determine the identity of this person, however. It is also a matter of state law as to whether your assumption of risk will also protect another person who may have been acting negligently. |
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