Waivers, liability, and insurance - questions

[Hotcurry]

Hey guys,

So, I'm in a position, playing with private groups, the neighbors, buddies, future mini-ops, to be responsible....

I have some confusion/questions about liability-

1. does the generic airsoft waiver we all sign for various events keep the landowner (which is not me), or the game organizers (me and others) exempt from any lawsuits? Do those lawsuits only cover airsoft related injuries?

2. If I am playing on someone else's land (we all signed our waivers exempting the landowner) and my friend Joe-Bob trips over a big pile of barbed wire and hideously deforms himself for life...did the waiver just protect the landowner and the game organizers? Does Joe-Bob have any recourse, or did he just sign his life away?

3. If I am playing on someone else's land (we all signed waivers), and a group of yahoos (that someone else invited) comes along and starts getting mouthy, then punches someone, or shoots them point blank, causing an injury. Who gets dinged on that? Did the waiver exempt the shooter from any wrong-doing, or potential assault charges?

4. A minor is on the field, the parents are all cool with everything, no waiver is signed, and the kid gets hurt. Is the landowner, the game organizers or the guy who shot him the responsible party (that the parents will now dismember)?

5. Liability insurance is required for landownership, but when it comes to events, does an organization like AP have floating liability insurance that goes with them to any event anyone sanctioned by AP puts on?

Thanks guys.

[brentbizzle]

1. Waiver's that you sign can't prevent you from filing a lawsuit, but it can weaken your case. In other cases (non-airsoft related) people have signed a waiver, been injured, sued, and still won. While a lot depends on how the waiver is worded, I would say waivers don't protect people/landowners 100%.

2. I would say in this case the land owner is at fault. Joe-Bob can sue. Whether or not he wins is up to the judge.

3. I don't know of any waivers designed to protect the people signing them. Usually it's a "you should be ok, but just in case something happens leave us alone" kind of thing. You can call the police and press charges against those yahoos.

4. Probably the landowner. I can't see game organizers ever being at fault unless they were organizing a game on someone's land without their permission. I could be wrong on this though.

5. I don't know about AP having liability insurance, but from what I've heard airsoft is relatively uninsurable unless airsoft begins to adhere to paintball regulations.

If anyone thinks I'm wrong, please feel free to say so. I'm obviously not a lawyer.