The Shame, the horror, the possible legal action...?

[Aslan]

[Lohman446]

I just read in this thread the "run to the police" idea. I have talked to several officers in the county I live in and they have certain new unofficial policies. If they respond to domestic abuse and both parties are whining about abuse but there is no injury (or if both are injured) they now take them both to jail. The police are getting sick of being called for minor things (and you know that a lot of things the police are called to are not worth there time, nto saying that there are not issues, especially domestic situations, that need police intervention). You yelled at each other, said some words at each other. Now grow up - and it sounds like you have done the mature thing already - get over it, and move on. Hopefully you are both adults and both can do that. Running to the law over the issue is not a situation that has a winning outcome for you (at least not likely) but does have some very negative potential consequences that you should be aware of before you do it. That is what I tried to point out, that is what Shartley succeeded at pointing out. Are they likely? Not at all, unless one of you insists on stirring the waters. Let sleeping dogs be... The mature route is to apologize, expect one in return, and move on. Otherwise just move on. And thats what it sounded like the thread starter was doing anyways, good plan.

Factually though, what happened here lost the field a customer most likely... there was a cost to your action, thats between you and the field owner though. You had your reasons, and I am not saying you were wrong, and it sounds like you and the field owner are ok with the outcome. I can't say as I have never pushed the line with people I have played with...

The 99.7% likely you have nothing to worry about is probably right, unless you start stirring the pot, well more than it is

[shartley]

Who said anything about money? It may also have been about assault, not about collecting damages. The thought that every time someone has charges pressed against another person they are after the money is not correct. Do not confuse suing someone with having them arrested for a crime.

Shartley is giving you the very liberal legal possibilities...which if they were realities would virtually outlaw all contact sports. The bottom line is that paintball, hockey, football, etc... are contact sports where people accept a certain degree of risk and in most cases sign waivers to that extent. There are very few precedents available for people trying to exploit the assault angle when they enter into a contact sports environment...is it legally "possible"...I agree with shartley that it is...but the only thing that will motivate the case will be $$$ and even if the $$$ is there, the victim in this situation will probably have to show some type of damage...even if it's something lame like emotional distress.

[ShooterJM]

Take pictures of the welts, get signed and noterized accounts from the witnesses. There's your ammo in case the dad wants to battle in court. Any prior examples of reckless or ruthless or idiotic behavior on part of the kid or dad will help too.

[Aslan]

I disagree

Who said anything about money? It may also have been about assault, not about collecting damages. The thought that every time someone has charges pressed against another person they are after the money is not correct. Do not confuse suing someone with having them arrested for a crime.

So your legal advice to the father, assuming you are a lawyer, would be to file a police report and you would tell the father that there's a decent chance the prosecuting attorney for the state will pick it up and a judge will convict? And you would not advise him to seek any damages? That's absurd. Lawyers will look at a case and see how much money they can get. It doesn't matter who is right or who is wrong...they will represent either side if there is a settlement possibility. I'm not confusing suing with criminal prosecution, I'm saying there is absolutely no case for criminal prosecution and the only possibility would be the civil route at which point it would depend solely on the depth of people's pockets.

Have you ever played paintball? The ball does hit you...unless you're THAT good. It is a contact sport because you get hit in an aggressive manner by other players and it's part of the game. Now, if he had punched the kid or threw him off a cliff...then yes...that changes everything altogether because that's NOT part of the game. The waiver covers very loosely the liability of the owner and his insurance company.

I can think of 2 cases in pro hockey EVER, there may be at most 2 per year in collegiate hockey. Players hit each other and punch each other (in VIOLATION of the game rules) every single night at an arena. Go to an arena in your area and watch a league play. If it's a good size league during the regular season, you'll see at least one fight. Lets see...7500 ice arenas or more...a couple million players...what?...a few lawsuits a year?? All of which involve a GROSS violation of the rules resulting in SEVERE injury??

I'm just saying your comments paint a pretty gloomy picture when in fact lawsuits AND/OR criminal prosecution of these type issues is as rare as it gets and 99.9% of the time are more about health care costs and/or $$$ than they are about "righteousness" or getting even. More people get prosecuted watching a sporting event than will ever get prosecuted playing one...that's a fact.

[Lohman446]

So your legal advice to the father, assuming you are a lawyer, would be to file a police report and you would tell the father that there's a decent chance the prosecuting attorney for the state will pick it up and a judge will convict? And you would not advise him to seek any damages? That's absurd. Lawyers will look at a case and see how much money they can get. It doesn't matter who is right or who is wrong...they will represent either side if there is a settlement possibility. I'm not confusing suing with criminal prosecution, I'm saying there is absolutely no case for criminal prosecution and the only possibility would be the civil route at which point it would depend solely on the depth of people's pockets.

BS.. A criminal prosecution attorney, or a police officer, could care less abotu how much money the are going to get - considering they are paid a salary by the state. We are not discussing what will likely happen

Read the whole thread and Shartley made that obvious, here I'll make it easy for you

Of course, before your lecture to me on how it was not likely to happen I had posted it...

Do you not comprehend that assault is a criminal charge as well as civil? There need not be damages for criminal issues. Though I do highly doubt that anyone will bother, unless you are in a little town and he is a campaign contributor to a bored district attorney.

So what are we discussing, the reality that probably nothing will happen, which we have basically all stated, or the idea that something could be brought of it? It was not a gloom and doom picture, it was a factual understanding of what COULD happen. Recall that people in this thread suggested going to the police on this matter

[Aslan]

S we agree?

Now you confused me. I think we agree. It's almost unthinkable that he would be prosecuted criminally and highly unlikely that he will be prosecuted in civil court. Right? Or are you making a different case and I'm missing it?

[Lohman446]

Now you confused me. I think we agree. It's almost unthinkable that he would be prosecuted criminally and highly unlikely that he will be prosecuted in civil court. Right? Or are you making a different case and I'm missing it?

Thats what we have stated since before this discussion...

PS.. want to see nitpicky - you can't be prosecuted in civil court, you can be sued for damages

[shartley]

So your legal advice to the father, assuming you are a lawyer, would be to file a police report and you would tell the father that there's a decent chance the prosecuting attorney for the state will pick it up and a judge will convict? And you would not advise him to seek any damages? That's absurd. Lawyers will look at a case and see how much money they can get. It doesn't matter who is right or who is wrong...they will represent either side if there is a settlement possibility. I'm not confusing suing with criminal prosecution, I'm saying there is absolutely no case for criminal prosecution and the only possibility would be the civil route at which point it would depend solely on the depth of people's pockets.

Have you ever played paintball? The ball does hit you...unless you're THAT good. It is a contact sport because you get hit in an aggressive manner by other players and it's part of the game. Now, if he had punched the kid or threw him off a cliff...then yes...that changes everything altogether because that's NOT part of the game. The waiver covers very loosely the liability of the owner and his insurance company.

I can think of 2 cases in pro hockey EVER, there may be at most 2 per year in collegiate hockey. Players hit each other and punch each other (in VIOLATION of the game rules) every single night at an arena. Go to an arena in your area and watch a league play. If it's a good size league during the regular season, you'll see at least one fight. Lets see...7500 ice arenas or more...a couple million players...what?...a few lawsuits a year?? All of which involve a GROSS violation of the rules resulting in SEVERE injury??

I'm just saying your comments paint a pretty gloomy picture when in fact lawsuits AND/OR criminal prosecution of these type issues is as rare as it gets and 99.9% of the time are more about health care costs and/or $$$ than they are about "righteousness" or getting even. More people get prosecuted watching a sporting event than will ever get prosecuted playing one...that's a fact.

[maxama10]

I agree... he has the defense of ignorance, when he fired at you he thought you were still in the game and that was part of the game - when you fired at him you were in the wrong, as you were clearly out of the game at that point and it was obvious to you.

Best bet... apologize, you lost your cool. Did he screw up? Most certainly, but it does not excuse your actions. Apologize, get over it, and move on. You likely don't want a legal argument over this, because they seldom, if ever, come out well.

i dont know about your fields but at mine we are required to watch a movie on the safety and guidlines of paintball then sign a form stating that weve watched this and will comply to all field rules and regualtions....plus med forms etc...

The kid and dad were deffinenetly in the wrong

[Lohman446]

i dont know about your fields but at mine we are required to watch a movie on the safety and guidlines of paintball then sign a form stating that weve watched this and will comply to all field rules and regualtions....plus med forms etc...

The kid and dad were deffinenetly in the wrong

I commend your field as one of.. well, I have never seen such. Most the waivers I have seen would take about thirty seconds to get tossed from a legal preceding. There were a lot of people in this situation in the wrong... in my opinion