Paintball player stripped of damages
25may05
A SYDNEY man who broke his leg while playing paintball at his brother's buck's party has been stripped of his compensation payout.
An appeal court today overturned a judgment awarding damages to Christopher Clarke, who slipped while playing paintball in wet weather at Action Paintball at Rouse Hill, in Sydney's west, on March 11, 2000.
Clarke, who was 31 at the time, sued for negligence in the New South Wales District Court, claiming the game should have been called off, or not gone ahead, because of the heavy rain.
He also claimed that the protective goggles he was given contributed to the accident, as they fogged up in the wet conditions.
Judge Raymond McLoughlin awarded Mr Clarke unspecified damages in May last year, finding the goggles were not fit for the purpose of playing paintball and the game should not have been played due to the slipperiness of the terrain.
"In my view the conditions were so dangerous the game should not have taken place ... the conditions were so deplorable that it was totally unsafe for the game to have commenced or continued," the judge said.
But Action Paintball appealed against the decision, and the Court of Appeal today overturned the District Court judgment and ruled in the company's favour.
Justices Ken Handley, Murray Tobias and John Basten agreed that the state of Mr Clarke's goggles was not related to the fall.
They also said wet conditions did not necessarily call for a paintball game to be abandoned, as the risks were apparent and players appreciated the need to take care.
The court ordered Mr Clarke to pay the costs of the trial and the appeal.
The judgment was welcomed by Action Paintball's business development manager, Ben Mees.
He said it was "good for all business, not just our own", as it encouraged people to take responsibility for their own safety.
Its about time some common sense prevailed.
25may05
A SYDNEY man who broke his leg while playing paintball at his brother's buck's party has been stripped of his compensation payout.
An appeal court today overturned a judgment awarding damages to Christopher Clarke, who slipped while playing paintball in wet weather at Action Paintball at Rouse Hill, in Sydney's west, on March 11, 2000.
Clarke, who was 31 at the time, sued for negligence in the New South Wales District Court, claiming the game should have been called off, or not gone ahead, because of the heavy rain.
He also claimed that the protective goggles he was given contributed to the accident, as they fogged up in the wet conditions.
Judge Raymond McLoughlin awarded Mr Clarke unspecified damages in May last year, finding the goggles were not fit for the purpose of playing paintball and the game should not have been played due to the slipperiness of the terrain.
"In my view the conditions were so dangerous the game should not have taken place ... the conditions were so deplorable that it was totally unsafe for the game to have commenced or continued," the judge said.
But Action Paintball appealed against the decision, and the Court of Appeal today overturned the District Court judgment and ruled in the company's favour.
Justices Ken Handley, Murray Tobias and John Basten agreed that the state of Mr Clarke's goggles was not related to the fall.
They also said wet conditions did not necessarily call for a paintball game to be abandoned, as the risks were apparent and players appreciated the need to take care.
The court ordered Mr Clarke to pay the costs of the trial and the appeal.
The judgment was welcomed by Action Paintball's business development manager, Ben Mees.
He said it was "good for all business, not just our own", as it encouraged people to take responsibility for their own safety.
Its about time some common sense prevailed.
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