Paintball is a popular game played by millions of people throughout the world. It is also a controversial sport due to what critics believe is an unreasonable risk that players could suffer serious injuries, including blinding and death. If you or a loved one has been injured playing paintball, you may be able to file a personal injury lawsuit and receive compensation for your injuries and other damages. Read on to learn more about the sport of paintball, safety concerns surrounding the game and paintball equipment, and the legal claims that may be available in a lawsuit over injuries caused by paintball.
An estimated 20 to 45 injuries occur for every 100,000 people who participate in paintball. According to the U.S. Consumer Product Safety Commission (CPSC), paintball injuries to children under the age of 15 doubled from 1998 and 2000 as the popularity of the game increased. A paintball shot at a human ear at close range can lead to a concussion, a ruptured ear drum, tinnitus, or permanent damage to ear cartilage, and even partial loss of hearing.Eye injuries represent about 85 percent of all paintball accident injuries, over 40 percent of these cases occurring in children. Serious injuries include eye injuries, ear injuries, and there have been deaths reported. Minor injuries include cuts, welts, and bruising. Players can also sprain or twist their ankles running on paintball playing fields or suffer shortness of breath when shot in the throat. More serious injuries include eye injuries, ear injuries, and even death.
Eye injuries from paintball. The most common paintball injuries are eye injuries. An estimated 85% of all paintball injuries are eye-related. The number of paintball eye injuries is also on the rise — paintball eye injuries treated in emergency rooms rose from an estimated 545 in 1998 to over 1,200 in 2000. Over 40% of these cases occurred in children, mostly boys. Types of paintball eye injuries include hyphemas and vitreous hemorrhages (bleeding in the eye), retinal detachments, cataracts, corneal abrasions, and commotio retina (bruising and swelling of the retina). Many of these injuries can lead to permanent visual impairment, even vision loss.
Ear injuries caused by paintball. Aside from eye injuries, the most common paintball injuries are ear injuries. A paintball shot at someone’s ear at close range can lead to a concussion, a ruptured ear drum, tinnitus (ringing in the ear), cauliflower ear (permanent damage to ear cartilage leading to disfigurement of the outer ear), and even partial or permanent loss of hearing.
Deaths caused by paintball. In 2004, the CPSC issued a safety warning about paintball guns following two deaths associated with carbon dioxide canisters detaching from paintball guns. In 2003, a 15-year-old boy died after he was hit in the head by the carbon dioxide cylinder he removed from his gun while it was still under pressure. In 2004, a 37-year-old female bystander died after being hit in the back of the head by a carbon dioxide cylinder that was accidentally unscrewed from a gun by a player. The husband of the woman who died sued the makers of the paintball gun, arguing the gun was defective. The case was settled for $8 million.
Negligence. The most common legal claim in any personal injury lawsuit is negligence. In a negligence claim, the plaintiff (the person suing) argues that his or her injuries were caused by the unreasonable carelessness of the defendant (the person being sued). If you are able to prove that your paintball injury was caused by another person’s negligence (for example, the carelessness of another player or the failure of the paintball facility to provide you with protective gear), you may be able to recover compensation for your injuries.
Product Defect. If your paintball injury was caused by a defective or dangerous product (a defective paintball gun or mask, for example) you may be able to bring a product liability claim against the manufacturer, distributor, or seller of the defective product. For more information on product liability cases.
Assault or Battery. If your paintball injury was the result of another player’s intentional act rather than an accident, you may be able to sue under a theory of assault or battery. For more information on the intentional torts (wrongs) of assault and battery.
Types of paintball eye injuries include:
Even though paintball is considered a dangerous sport, park owners and operators are still liable when they fail to meet the standard of care required to prevent injuries. Examples include failing to provide sufficient protective equipment or failing to receive adequate equipment.
Face masks are generally required before participating in paintball parks, events or games. Operators who fail to provide or make mandatory such equipment can be held liable. Additionally, operators who provide equipment that is sub-par or inadequate or not meeting the American Society for Testing standards can also be liable.
Paintball parks are also liable when they fail to warn of dangers known to cause danger or injury to their occupants. When you purchase or pay for the right to participate in a paintball game you are considered an invitee and are owed the highest duty of care. In such instances the landowner must warn and make safe known dangers on his property. Additionally, the landowner must inspect the property to find any latent or un-discoverable defects.
When park owners neglect to take such steps liability is found. If you have been injured as a result of a paintball related accident contact a personal injury law firm for paintball accidents. Our attorneys have the resources needed to help with your recovery. Call for a free initial consultation today at (310) 894-6440.
Homeowners can also be liable under premises liability when they allow for individuals participate in such activities on their property. Such games generally go without proper supervision and without proper protective gear. When the homeowner consents or fails to stop such activities they can be found liable.
Homeowners much like park owners owe a duty to their social guest to prevent of such dangers on their property. When they fail to take remedial measures to stop or prevent the occurrence of such activities then liability can be imposed.
If you or your child has been injured during a paintball accident contact our offices contact our personal injury attorneys today at (310) 894-6440.
Based on the specifications of your case – the details of the accident, how severe your injury was, it is ultimately going to determine what you could be entitled to sustain based on your case. However, what you can be compensated for if your case prevails can often be put into several different categories.
The categories of compensation can include:
Medical bills: Should you win your case, you could be awarded compensation for medical bills you’ve had to pay as a result of your injury. This includes both past and future bills stemming from the injury, and can potentially cover expenses such as transport or in-home rehabilitation services.
Lost wages: Lost wages can be awarded if your injury has caused significant missed time at work, or has made you unable to perform your job. You could be entitled to even more lost wages if the injury leaves you permanently disabled and unable to find consistent work.
Pain and suffering: In some cases, the damages endured from physical pain and emotional suffering can be compensated to pay for therapy treatments.
Punitive damages: Punitive damages are awarded in more extreme cases, wherein the injury was caused by someone’s recklessness. They are awarded to try and dissuade the defendant and others from acting with that level of recklessness again.
Contact a Personal Injury Lawyer to schedule a free no obligation initial case evaluation at (310) 894-6440. Our Paintball Injury Lawyer will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!
If you are in need of a Paintball Accident Lawyer to help you get appropriate compensation and medical care you deserve, you should contact a Paintball Accident Attorney today. Our experienced Personal Injury Lawyers will help you overcome your Paintball injury or damage.
If you have any questions about the information provided above, please contact LAW MART. LAW MART is a Lawyer Referral that can provide you with a Paintball Injury Attorney or law firm. If you do have any questions about an Attorney Referral Service please contact us for a free Lawyer Referral Service.
Copyright © 2024 law – Powered by AmelCS
