Product Liability Issues with a Paintball Mask

[ajschult]

Does anyone know if the manufacturer of a paintball mask can be held liable if during a game a users mask slides off their face and they are struck in the eye with a paintball? The reason I ask is because I am writing a paper on product liability and correct me if I am wrong, but it would be cheap and rather simple to incorporate a chinstrap on a paintball mask, yet I have never seen a chinstrap used on such a mask.

[ajschult]

Couldn't it be considered a defect in the design?

[Clair Bonner]

Run a search on this site:
http://www.cpsc.gov/

[aaron]

I would tend to think that a paintball mask would be regarded as a "simple tool" for product liability purposes.

[ajschult]

Could you elaborate a little more as to the meaning of "simple tool"?

[Clair Bonner]

Could you elaborate a little more as to the meaning of "simple tool"?

As regards product or design flaw liability, "simple tool" means that a manufacturer or seller is not liable if the alleged harm was caused by an inherent characteristic of the product that can not be eliminated without substantially compromising the products usefulness or desirability.

Did you look at the site link I gave to you? What did you find?

[ejackson]

It's odd that you have never seen a chin strap on a paintball mask. I have never seen a new one without a chin strap. It is an industry standard to have an elastic strap behind the head and a chin strap with a warning not to remove the strap. It is likely that a mask without the strap was modified by the user. Another disclaimer typically found on the masks is something to the effect of paintball is a dangerous sport, and even properly wearing a mask does not eliminate all risk of eye and other injury.

[Mossad]

I've never heard of a paintball mask sliding off, then again mine never had a chinstrap on it, normally the strap is adjustable for ones head.