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Paintball Forums > General > Just Paintball > Paintball injury lawsuit overturned

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dm4-p8nt-balla
[1] Posted by dm4-p8nt-balla 05-30-2005, 10:11 PM
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An Australian man who won $131,000+ ($100k US) after filing a lawsuit againts a paintball field had his lawsuit overturned by an appeals court. In overturning the previous decision, the court of appeals ruled Action Paintball Games was not negligent in letting Christopher Clark play in heavy rain.

The decision revoked last May's judgment by a district court judge, who found Mr Clarke's "impeded vision because of foggy goggles" meant he couldn't see the ground when "required to run from obstacle to obstacle or wall to wall".

The original judge awarded damages of $131,591, finding Action Paintball was negligent in permitting the game, given the slippery terrain at Rouse Hill on March 11, 2000.

"I . . . took some sort of shelter behind a wall that was roughly my height," he said. "I begin to run towards another wall about no more than probably six or seven metres away . . . I slipped – slipped back, fell back on to my right ankle."

He was taken to hospital with a fractured ankle. When pressed by defence counsel, Mr Clarke agreed the risk of falling was "a matter of plain common sense . . . if you go out running around the fields trying to shoot people or avoid being shot . . . during the rain."

The appeals court then concluded that Mr Clarke, then 31, was "an adult" and appreciated the surface was rough as it had been raining since morning, but that he was responsible for his own actions.

They found the goggles were not to blame for the accident.

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Edge
[2] Posted by Edge 05-31-2005, 01:12 AM
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what a ***.

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[3] Posted by Nightkast 05-31-2005, 01:19 AM
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lol i was reading about this earlier today at pbstar.com. but yea the guys an f'n retard

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twitchy
[4] Posted by twitchy 05-31-2005, 01:09 PM
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wow...i dont think id ever sue my field. unless they switch owners and the new guy does sumthin that is actually not my fualt
 
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