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Outlaw / Private Fields Playing paintball in your backyard or other non-business run field

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Old 08-01-2012, 02:06 PM   #1 (permalink)
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WI Court strikes win for Outlaw Paintball

Repost of a story seen on X7OG:

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...Tuesday's ruling from the state Court of Appeals upheld the dismissal of a suit brought by one teen against another over a shot that detached the plaintiff's retina during a paintball fight in 2008. The court held that because of the contact nature of the sport, the injured player would have to show his friend acted recklessly to prove a claim.

"Similar to dodge ball, a snowball fight, or a water balloon fight, the purpose of paintball is to physically strike opponents. It would be absurd to hold cheerleading is a contact sport but paintball is not," the court wrote. " We conclude paintball involves 'physical contact between persons.'"

Jett Houston was playing paintball at his friend's house one sweaty July day when he saw his teammates remove their masks. His friend Alex Freese was the lone player active on the opposing team and was surrounded. Houston thought he had heard someone call time out and stood up from behind a bunker with his mask off.

Freese didn't see anyone with a mask off or hear a time out call. When he saw Houston emerge he fired two quick shots from behind another bunker about 40 yards away. One hit Houston in the eye. Houston sued Freese and the family at whose home the paintball battle took place.

All the players had been instructed to never remove their face masks on the playing field, but some apparently did at times to wipe away sweat, according to the opinion.
Article: Sorry, son, but paintball is a contact sport - JSOnline


Here's the actual opinion from the Wisconsin Dist. III Court of Appeals: http://wicourts.gov/ca/opinion/Displ...df&seqNo=85660
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Old 08-01-2012, 03:28 PM   #2 (permalink)
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I'm sorry for the guy who lost his eye, but why the **** would you ever remove your mask during a game....absolutely asinine.
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Old 08-01-2012, 06:08 PM   #3 (permalink)
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Even if you think the game is over you should wait until all the players are gathered together with guns down and plugged before mask removal.
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Old 08-01-2012, 06:35 PM   #4 (permalink)
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Exactly even if my mask if hotboxed by foggyness and sweat, I would rather be almost blind for 15 minutes than a lifetime
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Old 08-01-2012, 08:19 PM   #5 (permalink)
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I'm sorry for the guy who lost his eye, but why the **** would you ever remove your mask during a game....absolutely asinine.
i don't, because he sued.
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Old 08-05-2012, 05:40 PM   #6 (permalink)
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i don't, because he sued.
Absolutely. Especially so as he went for broke and sued the property owner as well. This kind of reckless sue-happy behavior hurts the sport by driving up insurance costs (and therefore field fees, etc) and undoubtedly makes private property owners more reluctant to allow outback play on their land.

Who can fathom the logic of, "I took my mask off against direct instruction, I sustained a shot to the eye, therefore you owe me money?" Besides trial lawyers, I mean.
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Old 08-05-2012, 06:08 PM   #7 (permalink)
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Did he sue, personally, or did his health insurance company sue on his behalf?
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Old 08-05-2012, 06:40 PM   #8 (permalink)
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Did he sue, personally, or did his health insurance company sue on his behalf?
Either way it's silly. Like honestly field waivers are a joke anyways since in most places you can't sign away your right to sue upon assumption of risk, not to mention if you're stupid enough to remove your mask knowing the risks involved then you you don't deserve to have your eyesight cause you're just plain stupid.
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Old 08-05-2012, 10:09 PM   #9 (permalink)
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Old 08-05-2012, 11:00 PM   #10 (permalink)
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Originally Posted by Falcon16 View Post
Either way it's silly. Like honestly field waivers are a joke anyways since in most places you can't sign away your right to sue upon assumption of risk, not to mention if you're stupid enough to remove your mask knowing the risks involved then you you don't deserve to have your eyesight cause you're just plain stupid.
This is why a good waiver isn't crafted in such a fashion. You don't ask the participant to waive their rights upon assumption of the risk.. you make it a contract. "For, and in consideration of, being allowed to be on the property and take part in the game, the participant hereby agrees... " Then add language where the player acknowledges the known risks.
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