6.6 million and some change For an eye

[Lohman446]

They wont measure beyond 20/400 around here and I am nowhere near being able to pass the 20/400 test. My sister was forced to do Lasik (mostly) as they could no longer cut glasses enough for her and she was wearing glasses and contacts together to get improved enough to drive.

[rabidchihauhau]

I didn't see it anywhere else in here, but the report says he was a MINOR and minors can't sign waivers. So if he did sign a waiver (and not his guardian), then there goes the waiver.

20/200 is legally blind.

the basic way in which judgement awards like this are determined is to look at what the loss will cost the person for the course of their lifetime. Blinding in one eye is probably worth 6.6 mill over a lifetime.

[GT]

the basic way in which judgement awards like this are determined is to look at what the loss will cost the person for the course of their lifetime. Blinding in one eye is probably worth 6.6 mill over a lifetime.

Intresting,
if the field has insurance the company writes a check, what they should have done in the first place. if it was a settlment aganist a person, I believe, there is an aditiaonal hearing to determine what they can actually pay. Dunno how all this works, Recon has some experience in civil proceedings.

I think what we maybe missing is the pre-injury screening. Was this kid blind before he got hit? Never know unless he had an exam.

gt

[phelix]

all guns should have quick disconnects that have tanks . without a standerd screw in... and the line should not be conected until the person with the marker goes onto the feild ... if it is a standerd screw in tank the tank should not be on the marker if it is not on the feild .... just an idea ..

and i think it should be a standerd practice ... in every feild

that would be a cheap way out also ... no gear for the people to buy other then a maybe 10 buck part if the own a fixed tank that wont com off the marker ...

it would be fine if on/offs with qd's were required, but screwing tanks in and out isn't too good for the tank. besides, i'm sure the gun wasn't condomed, or the kid wasn't wearing his goggles, even though both are "required".

edit: my bad, didn't read the part about the hole in the barrel condom

[hitech]

My Understanding of why waivers do not hold up in court is that the courts have ruled that you cannot sign your rights away. You have those rights no matter what. You can make a 100-page waiver and it will still be defeated in court. If someone is determined to be negligent they cannot hide behind a waiver. Think about it. The way most waivers are worded you could murder someone on a paintball field and not be held liable based on the waiver. It doesn't work that way, for murder or injury.

The waiver does at least show that you are aware of the inherent risks. It should protect the field and players in case of an actual accident where no one is negligent.

Disclaimer: I am not an attorney, and do not play one on TV. Seek your own legal advice.

[thejesus]

You don't seem to understand. 20/200 vision is basically blind. There will not likely be any repairing that eye at all. He can probably see the change in light, but not much else.

The definition of legally blind is if your vision is 20/200 or worse after correction (eyeglasses, contacts, lasik). I know a girl who has 20/700 uncorrected and she can see close to 20/20 with glasses. Although it looks like she's looking at you from inside a fish bowl...

As for the $6.6 million... People have gotten more money for a lot dumber ****. McDonald's coffee incident, anyone? If the 20/200 is his vision after correction, then he deserves all of it and more. Vision is priceless.

With so many new players on the hyperball field these days, I keep my goggles on most of the time. Ever since I got my ProFlex it doesn't bother me one bit. I've seen so many kids walking around without barrel plugs on, accidentally firing their guns and laughing about it. Not to mention the stray balls that come through the netting.

Best wishes out to the kid that got shot, and the kid that shot him. I can't imagine how upset I would be if I almost shot my friends eye out of his socket. I hope his eye is fixable.

Goggles on!

[rabidchihauhau]

Waivers:

There are numerous reasons why a judge/court might find a waiver to be invalid:

1. injury/accident was caused by negligence. Example: if the waiver covers all the bases and then your referees tell players 'sure, go ahead and play without goggles, you don't need them'.

2. injury/accident was caused by something not covered by the waiver. Example: the field is built on a toxic site where they disposed of asbestos

3. the waiver itself is written in an incorrect manner/waives rights that people can't waive, includes or doesn't include correct language required by the fed, state, county, local municipality

4. the person signing the waiver did not have an opportunity to really read AND understand it. For example: here everyone, sign up for the day.

4. also covers basics like not explaining the safety requirements that are in the waiver, like wearing goggles.

If a field wants to be 'protected' from liability suits, they need to A. have an ironclad waiver. B. make sure that each and every player reads AND understands every single sentence in the waiver BEFORE they sign it. C. Demonstrably reinforce the safety requirements. D. Continuously enforce and remind players of the safety regulations. E. Have staff that scrupulously follows each and every safety regulation. F. Have experienced players that demonstrate use of the safety standards. G. Follow their insurance guidelines to the letter, and then some. H. Obtain the ASTM standards and follow them to the letter. I. interpret every safety guideline and regulation in a manner that favors restriction. J. Pray

Here is an example of what I mean. Most, if not all insurance regs pay homage to the ASTM guidelines. Most fields allow electronic guns on their fields. Most electronic guns are capable of firing in modes in excess of semi-auto and in excess of 13 balls per second. The ASTM guidelines limit guns to semi-auto only and cycle rate of no faster than 13 bps.

If an attorney wants to drive a truck through your waiver, there's the hole right there.

[hitech]

The ASTM guidelines limit guns to semi-auto only and cycle rate of no faster than 13 bps.

Do you happen to have an electronic copy of the ASTM standards for paintball? If so, I'd love to read them.

[Beemer]

Do you happen to have an electronic copy of the ASTM standards for paintball? If so, I'd love to read them.

Pm me your addy

Black converse > Red converse

[Beemer]

Safety

but screwing tanks in and out isn't too good for the tank.

And why would this be?????

Most, if not all insurance regs pay homage to the ASTM guidelines.

Dont forget the C.P.S.C. The first thing they do is look at the ASTM when the crap hits.
Say hello .GOV

Disclaimer: I am not an attorney, and do not play one on TV. Seek your own legal advice.

But you did stay at a Holiday Inn Express last night, RIGHT??

Vision is priceless.

Ya you can have the 6.6 mil. I'll keep my eyes, thank you very much.

[slade]

And why would this be?????

it will damage the threads, plus you will go through 3 o-rings a day. it is very time consuming and impractical, people dont need to have 5+ lines of safety, if they just have barrel condoms on, safety on, finger off the trigger and dont point it at people, you will be safe. there is no way the marker is going to fire (not into the condom) if you do that. remember, this kid was shot because his friend had his finger on the trigger while pointing the loaded marker at his friends face. the only thing he did to be safe was to put the barrel condom on, and it was defective. and anyway, the more safety precautions people take, the more people will see some of them as unnecessary. if you make people take the tank off, people will stop using barrel condoms altogether. plus there is the whole issue of residual pressure with some markers, so i see this as doing more damage than help.

[rabidchihauhau]

slade,

are you using the proper o-rings? are you screwing the tank in and out properly?

I have NEVER had to "go through 3 o-rings a day"; one every so many months is more like it.

If you are degassing the gun when you remove the tank, are properly lubing the o-rings, using the proper material o-rings and your asa isn't chewed to heck, you should NOT be experiencing this problem.

[slade]

slade,

are you using the proper o-rings? are you screwing the tank in and out properly?

I have NEVER had to "go through 3 o-rings a day"; one every so many months is more like it.

If you are degassing the gun when you remove the tank, are properly lubing the o-rings, using the proper material o-rings and your asa isn't chewed to heck, you should NOT be experiencing this problem.

Actually I almost never wear out my tank o-rings, since I have an on/off ASA with a bleed, and therefore rarely take my tank off. I dont think i take my tank off at all unless i am taking apart my marker. I was exagerating, trying to get the point across that if you do unscrew your tank every single game, it will cause accellerated wear on your o-rings and threads. actually with the sharp threads on the stock ASA you probably could go through a few o-rings a day, and you certainly would if you were using co2. im sorry i wasnt clear, but its somewhat hard to be while typing in an online conversation.

[athomas]

I use screw in tanks. I have the same o-rings that came with the tanks 3+ yrs ago. I did have a tank that I put an inexpensive (plastic type) o-ring on once. I couldn't get the tank on without it breaking the o-ring. Use good urethane o-rings and you should be able to take any tank off and on many times throughout the day. There is a wastage of air each time, though.

[Gr0dy]

God, 6 million is a little too much, about 2 years ago, my dad was hunting and the man got out of his tree stand. My dad shot at this dear once, hit it, shot again to make sure it was dead. He accidently hit the man in the head with 2 little things that are in the shot gun cartridge. The man lived and his wife wanted to sue us for 7,000,000 And they didnt even get it because it was his faught for leaving his tree stand. I think getting shot in the head with a 12 gauge and having to have so much surgery done should be worth 6 million. This kid should have gotten the money that was charged to have surgery and such and some money for suffering but not 6 million.