***banned from our field***

[Brak]

i dunno what the deal is, i wouldve just whooped his *** and sent him home.

but my dad is a lawyer, and theres no way he could actually have a case. he could file a case, sure, but with no permanent damage to him, he could only sue for being banned from the field. like that guy who sued a coach when his son didnt make the baseball team. what a douche.

and if they do file a case, countersue for harassment!

[Star_Base_CGI]

MarineRDNC, my mom is getting treatment for cancer. Get well soon!

That kid was a jerk, if his parents signed the release form guess what. No leg to stand on.

Wah, and yes you can sue anyone for anything in America. Doesnt mean you will win but some people do. I would have shot a hopper on him.

[shartley]

Originally posted by Brak
i dunno what the deal is, i wouldve just whooped his *** and sent him home.

but my dad is a lawyer, and theres no way he could actually have a case. he could file a case, sure, but with no permanent damage to him, he could only sue for being banned from the field. like that guy who sued a coach when his son didnt make the baseball team. what a douche.

and if they do file a case, countersue for harassment!

[Wickster]

waivers

generally, waivers are not worth the paper they are printed on. I know when you sign the waiver before playing it makes it sound as if you are signing your life away, but you cannot sign away your rights. (this is what my law professor told me last class (grad school) while we were talking about waivers for school field trips, etc.) The prof has been a circuit court judge for about 20 years.

I doubt the kid really has a case- using common sense, but the waiver means nothing.

[raehl]

The waiver does NOT mean nothing.

I know of actual cases in the midwest where lawsuits were thrown out based on the waiver.

Now, there are some very specific things the waiver can and can not say to be held up as valid (i.e. you can't have a waiver that says "player holds field harmless for anything", but you can have one that says "Player holds field harmless for all but any wontonly negligent acts" or something) but waivers DO work.

If anything, they establish that a customer was aware of risks of participation.

- Chris

[Wickster]

waiver

If you know of actual cases where waivers have been held up, then I am glad that they do. I also agree that waivers DO show that the player is aware of risks. Waivers however do not remove the field from laibility (or keep them from being sued).

Thank you for the clarification Raehl.

[Brak]

Originally posted by shartley

what permanent damage was done to the kid? could you tell me that? you can't sue for being shot. could you give me a prediction of how the deposition will go? the kid will be deposed, have no idea what to say other than "he shot me and it hurt but i shot him and then i got kicked out and theyre big fat jerks" and have the case thrown out right then and there.

and did you read about the coach sued by a parent for not letting his kid make the team? the coach countersued for being sued by the parent in the first place. his reason: "how else will i prevent it from happening again?". what if the owner of the paintball place thinks a kid will try to pull it again?

[Recon by Fire]

Not a lawyer either, but I work in litigation

What should have happened as soon as the kid did not leave when told to do so, was a call to the police. Criminal Trespass!

Despite the other events, I doubt the field will face any real trouble. The kid willingly escalated and caused the discord. Waivers are pretty useless but they can be helpful in declaring the players knowledge and expectation of the physical aspects of playing.

The kids dad is an ***-munch and it is probably where the kid gets it from!

[shartley]

Originally posted by Recon by Fire
Not a lawyer either, but I work in litigation

What should have happened as soon as the kid did not leave when told to do so, was a call to the police. Criminal Trespass!

Despite the other events, I doubt the field will face any real trouble. The kid willingly escalated and caused the discord. Waivers are pretty useless but they can be helpful in declaring the players knowledge and expectation of the physical aspects of playing.

The kids dad is an ***-munch and it is probably where the kid gets it from!

[Recon by Fire]

Ah, not so fast Shartley-son

We are both assuming they have similar laws as we each have respectively. In Texas, once you are told to leave and do not, it becomes criminal trespassing. Then again, if you throw toliet paper on someone's house at night you can also be shot dead Damn, I love Texas!

[shartley]

Originally posted by Recon by Fire
Ah, not so fast Shartley-son

We are both assuming they have similar laws as we each have respectively. In Texas, once you are told to leave and do not, it becomes criminal trespassing. Then again, if you throw toliet paper on someone's house at night you can also be shot dead Damn, I love Texas!

Ahhh.... Valid point. Got a copy of that law?

Oh... and he is not in Texas. I guess the argument would then hinge on what the law states in HIS state.

[Albinonewt]

I can't imagine that anything will come of the lawsuit. The ref firing on the kid was certainly inappropriate, but given the kid's behavior and conduct I do seriously doubt anything will happen with it.

Besides, what exactly would the kid sue for? Not for injury, disfigurement, emotional scarring. And I can't see punitive damages coming into play in this sense.

But, nothing is impossible. The ref shouldn't have returned fire, even if the kid was wrong to shoot first.

[raehl]

Lawsuit->Jury.

Jury->variable.

Variable->settlement.


- Chris

[cphilip]

I had a friends mothers brother who once dated a lawyer... so I know!

As "employee's" of the field you were bound to a higher standard. And you did use force to settle the issue. You should have stopped the play immediately, left the field and called the Police. At that point you could have gotten him for assault. But then you took matters into your own hands and as they say "two wrongs never make a right". I have to agree the field SHOULD distance itself from all of you that acted as Refs (field employee) that participated in the retaliation of this kids actions. You made the wrong choice as to how to deal with it. Never take the law into your own hands. least you get burned by that same law. He may also still be guilty of assault but you now have put the field in the postition of its employee's using undue force and means rather than using the law to enforce order. Nothing would have been lost by you taking cover and calling the law. And much would have been gained.

[MarineRDNC]

Okay first off you guys... the kid and his dad arent pissed because Caleb shot him after he shot Caleb... he's mad because I bunkered him and the baby got a welt, then he got banned. If he wouldn't have gotten banned, the little baby would never have came back and threatened to sue!

And Caleb (the one that turned and shot him) wasnt reffing that game... as I stated before he was playing the game along with me on my team. And I believe Caleb did still have the right to shoot him as Caleb was still in the game... he was never shot out. Unless you wanna count this douche shooting him in the back after he told him to get off the field.

And for those of you who said this... why in the hell would we fire Caleb, when his parents own the freaking company? You guys are about retarded... we told the kid to leave, he wouldnt, he lit caleb up after being asked to leave the game... caleb shot him, i bunkered him, he shot me in the back, i turned and shot him, he threatened to shoot me again, I told him to "do it" he walked off the field left game over and the end of the day, 30 minutes later, daddy comes threatening to sue because he got a welt from me bunkering him. END OF STORY