Legal Council for outlaw "rogue" ball organization

[SirHart]

If anyone has legal knowledge about land ownership and paintball liability, your knowledge is much appreciated!

help:)

I and a few others have been trying to get an organization together to have inclusive outlaw woodsball games. This would be an organization where private non-commercial fields (rogue fields) near the Rochester, MN area would hold games open to individuals and teams to come play on the field.

We have permission to play on the land (and I don't think any of us actually OWN the land we use to play on).

I was wondering what liability "we" would have if someone got injured?

"we" as in:
-The land owner
-The team hosting the event
-The organization itself (who invited them there)
-And any individuals who could be held liable

We do have and use chronographs and also keep safety as our first priority (masks always on in playing area, only paintballs being shot at safe speeds, etc.) and we do the best we can with our "fields" as possible to move downed trees from paths, etc.

I would have no problem having a waiver made, if it would protect everyone involved from being sued. Although I am not a law major, so my knowledge of negligence and liability is rather limited.

So please ANY help from a lawyer or someone who has experience would be very helpful and sincerely appreciated.

-Tony Hart, co-captain of Hart's Paintball
www.hartspaintball.com

[EZD]

I am not a lawyer and this is not legal advice.

There is no law that says you have to have insurance.

But it is a good idea for all involved especially the land owner.

Insurance is easy to get if someone in the group is willing to front the money. You may be able to get a small field policy for around $1000-$1500 and that should cover up to 200 players in one year, maybe more.

At the very least a would have a waiver.

The land owner will most likely have some type of insurance to help cover him.

[slick assasin]

I think the land owner would ultimately be liable for any injuries but I would have to believe having everyone sign a waiver would eliminate that liability. I would have an attourney draw it up though. Attourney fees would probably be cheaper than insurance.

[Badger]

Technically the MMPT plays rogue paintball at Ahlman's 3,000 Guns. Larry Ahlman gives us permission to play, but permission to us only. We are allowed to invite others to come play, but no other team or individual has the same permission.

That said, our team fills out the same waiver that Darrin uses for his field. It's just rewritten to cover Ahlman's instead of Splat Tag. All players sign it, as well as invited guests. It's not bulletproof, but then I don't think there is a waiver out there in the U.S. that IS.

We also adhere to strict team rules that we leave Ahlman's cleaner than when we arrive, and we all agree to shoot only what we're supposed to shoot - each other. We do NOT shoot at Larry's buildings or vehicles in any way, shape, or form. There had been previous violations of this, and those people were quickly asked to leave, never to return.

Like Darrin said, what I stated above is not legal advice, just the facts on how the MMPT get to play in Morristown. beret:)

[Oldest Sage]

This is also not legal advice and I am not a lawyer....
In the early days of the Farm Land Paintball Club we ran into the same issues. We chose to get a small field insurance (price varies greatly but in the ballpark Darrin mentioned) to protect the land owner. Insurance companies are a strange breed, they do not like to insure clubs, etc... but rather businesses. So one of our members started a business and we then qualified. They also want an individual to deal with (the business owner). I six years of running the field we did have one claim from a player (guest) that hurt her leg and couldn't work. Seemed like a nice person but felt she was loosing work time and we should pay. Insurance took care of it. The waivers (I have heard) do not hold up in court but help the case. So everyone does them...think they are for the honest players. Hope this helps. While not legal advice it's a view you were looking for.

[SirHart]

Thanks for the response so far. It's good to know other people have done this type of thing, any other ideas?