Because paintball is an inherently dangerous game, there is a certain amount of risk every time you play. However, that doesn't necessarily mean you won't have grounds for a claim should you end up getting hurt. There are many scenarios in which paintball accidents warrant personal injury suits. Here’s what you should know about such cases if you’re thinking about taking legal action. 

What Are Some Common Paintball Injuries?

Paintball can cause all kinds of injuries, many of which have the potential to be debilitating. The most common injuries include open wounds on the extremities and the head, neck, and trunk. If left untreated, such injuries have the potential to cause serious—and potentially life-threatening—infections. Eye injuries are also fairly common, and, depending on the circumstances, can cause permanent damage. 

When Can You Sue Over a Paintball Injury?

If you get hurt while playing paintball, there are a few grounds on which you can sue. If the other players—or the facility where you were playing—breached the duty of care owed to you, you may be able to build a case on the basis of negligence. For example, if someone shot you at a dangerously close range or the facility failed to supply adequate safety gear, you would likely be entitled to damages. 

Other grounds for taking legal action include defective products and intentional torts. If your gear was defective or your gun misfired, you might be able to sue the manufacturer. Also, if someone intentionally set out to hurt you, you would naturally be entitled to compensation for the associated damages. 

How Might the Opposing Party Challenge Your Claim?

There are two primary defenses to paintball-related injury claims: consent and assumption of risk. Both refer to the fact that you understood the dangers associated with playing, but you opted to participate anyway. However, even if you signed a waiver before playing, such defenses may not necessarily hold up. Just because you assumed certain risks by playing doesn't mean the other players or the facility can neglect the duties owed to you. 

If you were hurt during a game of paintball, turn to Neimark & Neimark. Located in New City, NY, this personal injury firm is proud to serve clients throughout Orange and Rockland counties. Backed by more than four decades of experience, their compassionate team knows just how much is at stake for the injured parties they represent. To learn more about the kinds of accidents they handle, visit their website. Call (888) 725-7424 to schedule a free case review.