McCune, her husband, and friends played paintball at the Myrtle Beach Indoor Shooting Range. She used a

Question:

McCune, her husband, and friends played paintball at the Myrtle Beach Indoor Shooting Range. She used a protective face mask provided by the Range. Before she played, she signed a general liability waiver that released the Range from liability from all known or unknown dangers, for any reason, with the exception of gross negligence on the part of the Range. While playing, she complained that the mask did not fit well. She said it restricted her range of vision.
At one point, the mask caught on the branch of a tree, lifting it off her face. She was hit in the eye by a paintball and blinded. She sued the Range for negligence for not providing a mask that would fit better and give better protection. The trial court granted summary judgment in favor of the Range. McCune appealed.

1. The court held that because of the liability waiver, the defendant was released from liability even if the defendant had been negligent. Why would it be allowed even in the case of negligence?
2. Do you think McCune appreciated the risks involved? Would she have put herself in such danger if she had known she may have been blinded?

Fantastic news! We've Found the answer you've been seeking!

Step by Step Answer:

Related Book For  book-img-for-question

The Legal Environment of Business

ISBN: 978-0538473996

11th Edition

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

Question Posted: