This guest post is from Aaron Hubbard. He is a legal analyst and researcher. His articles mainly appear on personal injury blogs where he enjoys sharing his research. Visit the Riverside personal injury lawyer Nadrich & Cohen, LLP website for more information.
Playing paintball is a lot of fun. However, the game can also be dangerous. Paintballs can travel at up to 200 miles per hour, and can cause injury if they strike an unprotected part of the body. The most common type of injury sustained during a paintball game is to the eye, and this kind of injury can have devastating consequences for the player. So what are your legal rights when it comes to claiming compensation for a personal injury that resulted from a paintball game?
Negligence
If you have been injured in a paintballing accident, you may be able to claim compensation if you can prove that the person you are suing acted carelessly, and that their carelessness resulted in your injury. For example, if another player recklessly failed to follow instructions, or if the paintballing facility failed to give you adequate safety equipment to protect you from injury, then you may be able to claim compensation because of their negligent behavior.
To bring a personal injury lawsuit on the grounds of negligence, you must first identify the person or institution whose careless behavior caused you to suffer an injury. You must also gather and present evidence that backs up your claim. A personal injury lawyer can help you to prepare your case.
Defective Paintball Products
It may also be possible to sue the manufacturer of the paintballing products you were using. If your injury was caused by a malfunctioning paintball gun or protective equipment that failed to offer adequate protection, you can use product liability laws to launch a compensation claim against the product manufacturer. A product liability lawyer or paintballing accident lawyer can help you to bring this kind of claim against a paintballing product manufacturer.
Assault
Perhaps you have good reason to believe that your paintballing injury is not the result of an accident? If you can prove that another player deliberately set out to harm you, then suing that player for assault is an option. To strengthen your case, you should try to gather eyewitness reports to back up your accusation. A personal injury lawyer with experience of handling assault or battery claims can help you to be successful in your paintballing assault compensation claim.
Difficulties in Pursuing Paintballing Personal Injury Lawsuits
Because paintballing is an activity that is intrinsically risky, the person you are suing may argue that you understood and consented to the risks when you agreed to take part. To invalidate this defense, you will need to show that your injuries resulted from risks that were either not made clear to you, or that should not have been present at all. For example, if you were hurt because another player was not following the rules of the paintballing facility, then you can argue that their behavior exposed you to risks greater than those normally associated with paintballing.
Predicting and combating the various defensive positions that could be used by the defendant in a paintballing personal injury case is quite difficult. A personal injury lawyer who has experience of dealing with paintballing lawsuits can help you to successfully rebuff the defendant’s arguments and win your case.
Source: http://www.pissd.com/2013/07/paintball-and-personal-injuries-in-the-eyes-of-the-law/
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