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An Open Letter to the
Friends and Players of Action Sports
On May 21, 2004 a 12 year old boy was awarded 6.6 million
dollars in a paintball lawsuit by Cook County Judge Edward Burr. The
boy was accidentally shot in the eye while in the staging area. He
is now blind in his right eye. This occurred at County Club
Paintball in Glenwood, IL (near Chicago). The parents of the boy
were represented by Kevin Golden of Motherway & Napleton, LLP.
The field had a spotless safety record and was operating within all
the insurance parameters. The parents had signed a waiver. The field
owner had done everything correctly. All paintball insurance
carriers in the industry carry a liability maximum of 1 million
dollars. This left the field owner owing 5.6 million dollars to the
player. He lost his business, home, vehicles and retirement account,
and will continue to pay for the rest of his life.
The liability that field owners are now exposed to far out
performs any profit that can be generated. In simple terms, it's no
longer worth the risk.
For 15 years, Action Sports has provided safe, affordable games for
players. We have never had a serious injury or claim in that time.
But this case clearly shows the risk. As a husband and father, I
cannot expose my family to this risk, however small the odds may be.
Effective immediately, Paintball games will be discontinued at the
Action Sports Paintball field. In order to maintain liability
protection, I must also prosecute any persons trespassing to play
paintball on the property.
I regret that I must pursue this course of action, but the type of
world we live in leaves me no choice.
Ron Williams |