Kane County

Costello Legal Wins Motion on Liability Waiver after Plaintiff Tripped on Tree Stump at Paintball Course

2019-L-000369 (Illinois, Kane County)

Attorney Shipra Mehta won a motion to dismiss on the issue of a liability waiver, avoiding unnecessary litigation and defending a paintball facility. Plaintiff was playing paintball at a commercial paintball course and tripped over a tree stump that was in a wooded area adjacent to the main paintball playing area. However, the plaintiff signed a liability waiver before playing paintball. Upon receiving notice of the lawsuit, Shipra filed a motion arguing that the plaintiff waived her right to recover against the facility based on the facts alleged, and the court agreed dismissing the matter in its entirety.