Of the thousands of emergency room visits in the United States related to paintball injuries, the vast majority involve children under the age of 17. Most paintball accident injury reports are also considered preventable—the result of defective paintball guns or safety equipment, a dangerous field of play, negligent supervision of games, or the negligent use of equipment.
Many critics and attorneys believe paintball involves unreasonable injury risks when young players use defective guns or protective masks, or engage in reckless play that can be construed as assault in some cases.
Because paintball guns can fire pellets at a standard speed is anywhere between 180 and 300 mph, powered by pressurized CO2 cartridges, serious injuries seem very likely in many cases. The impact of the projectiles can easily injure participants in any unprotected area of the body.
Common paintball accident injuries include eye injuries, concussions, ruptured eardrums, hearing loss and even death. An investigation of two deaths caused by carbon dioxide (CO2) canisters flying off paintball guns caused the U.S. Consumer Product Safety Commission (CPSC) to issue a safety warning but failed to take further measures.
Joe Lyon is an experienced Catastrophic Injury lawyer and product liability attorney representing plaintiffs nationwide in a wide variety of sports injury claims.
An estimated 20 to 45 injuries occur for every 100,000 people who participate in paintball. According to the U.S. Consumer Product Safety Commission (CPSC), paintball injuries to children under the age of 15 doubled from 1998 as the popularity of the game increased. Serious injuries include eye injuries, ear injuries, and there have been deaths reported.
A paintball shot at a human ear at close range can lead to a concussion, a ruptured ear drum, tinnitus, or permanent damage to ear cartilage, and even partial loss of hearing.
Eye injuries represent about 85 percent of all paintball accident injuries, over 40 percent of these cases occurring in children. Types of paintball eye injuries include:
Shocker Paintball recalled about 5,000 guns after the company received eight reports of chamber failures. In all cases the chamber assembly was ejected out the rear of the gun with force.
About 1,400 BT SA-17 Paintball Guns were recalled by KEE Action Sports LCC and the U.S. Consumer Product Safety Commission (CPSC) over injury hazards the product poses. The recall was issued when it was discovered that the CO2 cartridge could fly out of the marker, posing an injury hazard.
If you or a family member has been injured playing paintball, you may be able to file a premises liability, product liability or catastrophic injury lawsuit. It may be possible to recover compensation for medical expenses, pain and suffering and other damages.
ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.
Any kind of negligence by an individual or company that causes injury or harm can lead to filing a personal injury lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the injury.
Personal injury attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your case for free and assess what compensation any plaintiff can expect through litigation.
Personal Injury cases can range from minor auto accidents to complex lawsuits filed against large corporations. The Lyon Firm has handled both with equal care. Severe injury requires legal action on occasion, no matter if the injury is the result of a vehicle accident, a dog bite, a boating accident, workplace injury, defective consumer products, medical malpractice, or toxic exposure.
Pre-Suit Investigation and Negotiations: Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses. Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.
Filing a Lawsuit in Cincinnati: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations. Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.
Once suit is filed by your personal injury lawyer, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.
Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence.
In the areas of Toxic and Environmental Torts, the admission of expert testimony may be scrutinized harder than in other areas simply because the subject may not have been as widely tested and may rest on novel scientific theories.
Each state will vary. Under Ohio law, an injured party may recover damages related to medical expenses, lost wages, property damage, loss of enjoyment of life, past pain and suffering, future pain and suffering, and punitive damages. The numerical limits are as such:
The Lyon Firm may be able to file injury claims and recover rightful compensation for clients for medical expenses, pain and suffering, lost earnings and long-term disability.
Our Firm will help you find the answers. The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered.
Experience: Joe Lyon is an experienced Cincinnati Personal Injury Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Personal Injury lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.
Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.
Results: Mr. Lyon has obtained numerous seven and six figure results.
The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against negligent individuals or companies to obtain just compensation under the law.
(Brown County, Kentucky): The Lyon Firm was second chair a case involving a driver texting and driving when he crossed the median, killing a father of four. The case was resolved once discovery confirmed the cell phone records proved the texting-related incident. The settlement will pay for the surviving childrens’ education. The driver was likely facing additional criminal charges at the time of the settlement.
(Cincinnati, Ohio): The Lyon Firm was lead counsel in a $495,000 settlement. This case involved a motorcycle operator who sustained fractures of the calcaneus, talus, medial cuneiform, tarsal bones, and tarsometatarsal when a car ignored its driving lane and crossed into his right-of-way. Settlement provided repayment of medical bills of $20,000 and funds for future education to re-enter the work force in a less physically-demanding job.