A California man whose wife died at her son’s 10th birthday party has continued to press the paintball industry for warnings long after receiving $8 million from a paintball gun manufacturer. He is even returning to court with a new lawsuit. “I will not stop until there is good public warning out there. I’m going to keep fighting the fight,” said Mark Contois.
Contois’ wife, Colette, died in 2004 at the end of a day of fun with her husband, their son, and his friends. Per standard procedure, the players were disassembling their guns after the outing when a safety valve on the CO2 canister that propels the paintballs came loose and the canister flew into Colette’s head. She died on the spot in the arms of her husband as her son watched.
Contois said that although his wife had researched the possible dangers of the sport, she believed information put forth by the industry stating that all serious risks involved could be countered with the proper use of safety equipment. What she did not know is that the year before a 15-year-old had died from exactly the same failure that would take her life.
Contois had sued the manufacturer of the gun, National Paintball Supply, and agreed to an $8 million settlement, as long as the company issued safety warnings about this particular defect through its website and through its retailers. But after the settlement, National Paintball Supply was bought by Kee Action Sports, which has not issued any warnings. Although Contois admits that there have been some modifications to the design since his wife’s death, he is uncertain of the sport’s safety, and he is also concerned about the thousands of older-style guns still in use.
Kee Action Sports claims to be unaware of the lawsuit.
This case is an ideal example of how one man’s wrongful death suit can be a boon to us all. Product liability does not just affect you and your family: it affects us all, and it is your responsibility to make sure that dangerous defects do not claim even one more life. If you or someone you love has suffered from a defective product, contact an experienced product liability lawyer at Marc Whitehead and Associates, protecting consumers in Houston, Texas.
