Just read through this and this got me wondering:
Quote:
A waivor establishes informed consent.... so for example if someone decides that the welt on their ass from a bb warrants litigation for "pain and suffering"
The relevant defense would be.... he was informed that being shot with bbs would happen... so there is no negligence on the part of the host/ owner for this event.
If conversly the same fellow is shot in the ass and while he ran away blinded by the pain fell in a hole that had not be marked or defined in any way so that someone would have a reasonable expectation that it could be seen would have a case for negligence on the part of the host/ owner that a waivor would not provide any defense to.
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So the waiver informed the player that BB's will hurt. So he can't sue for BB's hurting, he signed a knowledge and consent form. (I believe that's what's being said) What if the field owner included a line in the waiver that said:
"Also note, there are many natural hazards across our fields, stag area, and pathways such as trees, falling branches or trees, thick undergrowth or plantlife which may result in a fall, or other injury, unmarked play areas (one may be shot by accident without being in a game), holes in the ground, sharp drop offs, swift moving rivers, poisionous plants, animals and insects. By signing this waiver you acknowledge the presence of these listed hazards. These hazards are left here to encourage as realistic a "play battle" as possible. Players are strongly encouraged to take it slow, and keep an eye out for potential or real hazards so as to avoid injury, or in the case of blindness use senses, or communication with other people to avoid potential, and real, hazards.. Should the player choose to disregard that suggestion, he/she does so at his/her own risk"
Would such a statement make the field owner no longer responsible for someone falling in a hole while running away? (Or other such situations?