Mccune v. Myrtle Beach Indoor Shooting Range, Inc.

612 S.E.2d 462 (2005)

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Nature of the Case

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Facts

D offers paintball games and allows participants to rent protective equipment. P participated in a paintball match with her husband and friends. P signed a general waiver. The waiver released D from liability from all known or unknown dangers for any reason with the exception of gross negligence on the part of D. The mask was loose and ill-fitting. P attempted to have the mask tightened or replaced on several occasions and an employee attempted to properly fit the mask. While playing P caught the mask on the branch of a tree. The tree was obscured from her field of vision by the top of the mask. The mask was raised off her face because it was loose, and P was struck in the eye, rendering her legally blind in the eye. P sued D for negligence and strict liability based on the failure of the mask to properly be fitted and protect her during play. D asserted the waiver and also P's comparative negligence. The court granted the D's motion, finding the waiver was sufficient to show P expressly assumed the risks associated with playing paintball. The court found her overwhelming comparative fault barred recovery. P appealed.