A look at the case of "McCune v. Myrtle Beach Indoor Shooting Range", which was a case about injuries incurred during a paintball game.
Written in 2006; 1,149 words; 1 sources; MLA; $ 39.95
Paper Summary:
This paper discusses the case of "McCune v. Myrtle Beach Indoor Shooting Range". According to the paper, Christine McCune brought an action for negligence and strict liability against the Myrtle Beach Indoor Shooting Range for injuries that she sustained while she was playing a game of paintball.
From the Paper:
"The Shooting Range's theory was that there is no issue of material fact, because she knowingly signed the waiver that released the Shooting Range from liability, and that getting hit in the face by a paintball is one of the risks inherently associated with playing a game of paintball. They also asserted that McCune's comparative fault, or the fact that she was well aware that the face mask did not fit her properly, and still continued to wear it, barred her recovery under comparative negligence statutes. The legal issue in this case is whether express assumption or implied assumption of risk is involved. Express assumption of risk involves the situation where the parties contract in advance that the plaintiff will relieve the defendant of his/her legal duty toward the plaintiff. For implied assumption of risk, the plaintiff must either establish a prima facie case for negligence. McCune's defense was based on express assumption of risk, since she signed a release from liability prior to playing paintball. Prior rulings have held that defenses based on express assumption of risk must be examined in the terms for exculpatory contracts. The appellate court, relying on earlier decisions, stated that an exculpatory clause will never be construed to exempt a party from liability from his own negligence in the absence of clear language indicating that such was the intent of the parties."
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