Just because you signed a waiver of liability before going paintballing does not automatically mean you are barred from filing a lawsuit if you get injured.
If you signed a waiver before paintballing and were injured during the activity, you may have to show that the waiver is unenforceable to bring a compensation claim. Waivers often protect businesses and establishments from liability for ordinary negligence but do not protect them from liability for gross negligence. This is one of the main reasons why courts strike down liability waivers, other reasons being that a waiver contains confusing language that would be hard for signers to understand or is in direct conflict with public interest or policy. To see if you have a claim, our attorneys will quickly review the waiver and the accident’s facts, compiling evidence along the way.
For help with your case from The Reiff Law Firm, call our Pennsylvania personal injury attorneys now at (215) 709-6940.
What Are the Implications of Signing a Liability Waiver and Sustaining a Paintball Injury?
When participants sign liability waivers, they give up their right to sue for most accidents. This is commonplace for businesses that offer somewhat dangerous activities to the public, like paintball.
When you go paintballing, the establishment may have you sign a waiver. By signing this, you agree not to sue for an accident. Often, people sign liability waivers without expecting an accident to happen. Regarding paintballing, you might expect to get hit with paintballs during your excursion but not sustain any other serious injuries. Paintball facilities often have precarious bunkers for participants to hide behind. If not properly secured, these bunkers might fall, injuring a participant.
Other common paintball injuries include eye and ear injuries. To avoid these injuries, participants should be given the necessary safety gear, like goggles. Facilities typically have uneven terrain, which intentionally makes navigation harder for participants. Tripping over uneven ground while running to hide from another participant could result in injuries. Because you signed a waiver, you might not be able to sue for such injuries.
Liability waivers typically protect businesses, including paintball establishments, from liability for ordinary negligence. Because of this, you should carefully read a waiver before signing it to know which rights you’re signing away. Don’t sign if the language is unambiguous or hard to read. While there are some reasons why a waiver might be unenforceable, it is not guaranteed that the court will void a waiver after an accident.
Why Gross Negligence Lets You Sue for a Paintball Injury Despite Signing a Waiver
When waivers are not against public policy, are not signed under coercion, and contain unambiguous language, they are typically enforceable and protect businesses, including paintball establishments, from litigation. That is, of course, unless gross negligence injured a victim.
A waiver does not protect a company from litigation because of gross negligence. While victims can assume risks associated with dangerous activities, like paintballing, it is unfair for them to assume the risk of injuries caused by total recklessness or a lack of regard for their safety.
For example, paintballing establishments provide equipment to participants, like paintball guns, and participants fairly assume that the equipment is in good working condition. If the paintball guns in a particular case were old or broken and misfired during orientation and safety instruction, leading to an accident, the establishment could be liable, even if the participant had already signed a waiver. Signing a waiver does not totally alleviate businesses of their responsibility to act with reasonable care, and giving a participant defective equipment due to poor maintenance could be considered gross negligence.
Proving that gross negligence voids a liability waiver is challenging and requires compelling evidence, like eyewitness statements, surveillance footage, and a victim’s medical records. Especially because you might have signed a waiver, initiating an investigation into the accident immediately is crucial. If staff warn you that you cannot sue because you signed the waiver, you should not take what they say at face value. It is important for victims to confirm if they have a viable case, especially since paintballing accident injuries can be so serious.
Common Reasons Why Paintball Waivers Are Unenforceable
In addition to injuries due to gross negligence, waivers might be unenforceable for other reasons, namely if they go against public policy or are confusing for participants to read or understand.
Waivers are against public policy when they violate existing laws or directly conflict with public interest. For example, waivers are typically unenforced when they attempt to protect businesses or staff from litigation for injuries due to reckless or intentional acts.
If the waiver was not signed by the victim or was intentionally hidden within another document, it will likely not be enforced either.
Although many people understand that paintballing is somewhat dangerous compared to other recreational activities, liability waivers for this activity must contain clear and easily understandable language. Filling a waiver with confusing jargon could make it void, as participants might not fully understand the risks they are agreeing to or the specific rights they are giving up by signing the document. In addition to being easy to understand, waivers must also expressly state the liability from which the establishment is being released.
After your accident, our Philadelphia personal injury attorneys can immediately review the waiver, analyzing the text closely to determine if it meets the standards of enforceable liability waivers. If it does not, we can start preparing your case. Depending on the specifics, multiple parties might share liability, including staff members or other paintballing participants. Furthermore, a third party, like a paintball gun manufacturer, might be partially or wholly to blame. Allocating fault appropriately is important, so our lawyers will focus on this at the start of your case.
Call Our Injury Lawyers to Discuss Your Paintball Accident Today
Our Chester County, PA personal injury attorneys can review your case for free when you call The Reiff Law Firm at (215) 709-6940.
