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  1. #1
    Join Date
    Sep 2006
    Posts
    3

    Default Product Liability Issues with a Paintball Mask

    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.

  2. #2
    Join Date
    Sep 2006
    Posts
    3

    Default Re: couple product liability questions, paintball mask

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

  3. #3
    Join Date
    Jul 2006
    Location
    Northern California
    Posts
    252

    Default Re: Product liability issues with a paintball mask

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

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: couple product liability questions, paintball mask

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

  5. #5
    Join Date
    Sep 2006
    Posts
    3

    Default Re: Product liability issues with a paintball mask

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

  6. #6
    Join Date
    Jul 2006
    Location
    Northern California
    Posts
    252

    Default Re: Product liability issues with a paintball mask

    Quote Quoting ajschult
    View Post
    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?

  7. #7
    Join Date
    Dec 2006
    Posts
    1

    Default Re: Product liability issues with a paintball mask

    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.

  8. #8

    Default Re: Product liability issues with a paintball mask

    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.

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