Paintball accidents are increasingly common as the activity grows its presence particularly in Southern California. While such injuries are often times prevented with the use of preventative or protective gear, there are instances where injuries can be long lasting and permanent.
According to a recent study in the Pediatrics Journal, statistics show an increase in paintball related personal injuries. Moreover, the study reveals that the core demographic of participants were children ages 15-19. The study shows that emergency room visits increased three times in a five-year period.
Studies reveal that over 8.7 million people play paintball in “war” like settings and often times simulate combat scenarios. While most games are conducted in supervised settings, others are conducted in un-supervised areas. If you or your child has been injured at a paintball match our sports and recreational activity attorneys Los Angeles
can help with your recovery.
Do waivers limit my recovery?
A common question regarding paintball injuries are whether waivers limit liability. While waivers do limit liability to some extent, they are not applicable in all settings. Examples include when you have been injured as a result of unsafe conditions on the land, or a defect in equipment. Generally, defective equipment including your compressed gas gun which is capable of shooting pellets at 300 feet per second, or your helmet which is designed to protect against injury is not waived.
While the waiver is meant as a waiver from injuries you assume from engaging in the activity it does not waive liability for the negligence of the business owner for failing to warn of defective conditions. Defective conditions can include a defective weapon, helmet or even conditions on the land. Land conditions including falling trees, improperly covered holes or other apparent or latent land defects are not covered under the waiver.
If you have been injured as a result of such defects contact our offices today for a free case evaluation. We have the resources necessary to help recover for your medical bills, loss of work and your pain and suffering.
Common Paintball Injuries
Paintball injuries can be serious, a list of such injuries includes:
- Retinal detachment or tear;
- Lens dislocation or subluxation;
- Macular hole;
- Corneal abrasion, laceration or edema,
- Chorodial rupture;
- Ruptured globe;
- Vitreous hemorrhage;
- Commotio retinae;
- Broken nose
Premises Liability: Paintball Park Owners may be liable for your injuries
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.
Facemasks 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 of 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 Downtown Los Angeles personal injury law firm for paintball accidents. Our attorneys have the resources need to help with your recovery. Contact us today at 855-385-2559.
Premises Liability: How Homeowners may be liable for your injuries
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 accidents contact our offices. Our accident attorneys today.