Legal Question in Product Liability in Missouri

Paintballs Neigbhors and Sick Dog

Our boys were paintballing and the paint balls went into the neighbors yard. Next door neighbor's dog is now sick and their vet claims that the paintball made the dog sick. We take responsibity for the action of the boys. Our research show that it is possible that their dog could get sick but only 44 cases of paintball sickines have been reported since 1998-2004 in dogs. We are planing to pay the vet. bills, just to be good neighbors. Yet this may not be enough what should we do should we retain a lawyer?


Asked on 4/01/04, 8:32 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Paintballs Neigbhors and Sick Dog

What you should probably do contact your homeowners insurance, assuming you have a homeowners (or renters) insurance policy. That policy would provide coverage for this kind of harm. More importantly, they would also provide an attorney who would represent your interests in this matter.

Another thing you ought to do is check and see if there is a warning on the paintball gun, paintball canisters, or any other supplies that identifies the fact that these paintballs are toxic to animals. If there is not this is a case of negligent failure to warn, and your neighbors might have an independent action against the paintball manufacturer.

Most importantly, do not admit liability. Do not enter into settlement discussions. Leave this to your insurer. If you do not have homeowners or renters insurance, you should consider talking to an attorney before entering into any settlement negotiations.

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Answered on 4/02/04, 8:50 am


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