HOUSTON – A child injured while playing paintball has resulted in a lawsuit seeking more than $1 million in damages.
Individually and on behalf of their minor child, Gregory and Amanda Gerner filed suit against Balls & Bruises on Jan. 22 in Harris County District Court.
According to the lawsuit, on Dec. 20 the minor was playing paintball at Balls & Bruises when an “unmarked metal spike sticking out the ground” caused the child an injury that required immediate medical attention.
“There were no warning signs or barriers to notify the minor plaintiff and the public of the existence of a dangerous condition on the premises,” the suit states. “As a result, the minor plaintiff was unable to identify any risks and potential dangers.”
The minor was a guest at a birthday party being held at Balls & Bruises and was playing paintball on the “inflatable walls” course at the time of the incident.
After the incident, the owner of the facility admitted he knew the metal stakes had been popping up because of rain, the suit states.
The plaintiffs are seeking damages for medical expenses, physical impairment, disfigurement, mental anguish and pain.
They are represented by Houston attorneys Daniel Horowitz III and Jeffrey Befort.
Case No. 2021-04044