I don't doubt your logic, but I can see multiple loopholes and I am no legal eagle. Paintball venues are not set up to the same standard of baseball parks. The same accountability does not apply. People are not shooting guns at each other, ignoring ASTM standards, exploiting grey area's to under-insure and save $$'s, are generally supervised to predesignated staffing levels and state controlled criteria, and play the largest sport in the US, with recognised risks and dangers that are universally accepted as it is one of the national sports. Parents know full well the limited harm they are exposing thier kids to, and are far less likely to pursue damages because of this, and if they did, they would be met by the might of the city involved. Tricky case for an attorney to win. City parks have huge liability policies from the cities themselves.
Flash over to Paintball, and I have a question for you. If you took all the parents of the kids playing Xball, stood them around the field to watch a game between, lets say, Dynasty and the Iron Men (just to keep it current), introduced them to the organisers, and the refs/officials - How many of those parents would still want the kids to travel with the circus and go to these things unchaperoned? They would have reservations, after seeing a bunch of kids try to hurt each other in as many ways as possible while lauching torrents of foul-mouthed abuse at each other between points. These reservations, and the underlying feeling that there is little control exercised over the players involved, and the horrific overshooting that has become 'normal' , would likely persuade parents to take legal advice should anything happen to thier kid. Thats the difference.
the old adage applies here - only get into fights you know you can win. If I was a lawyer with the slightest knowledge of paintball I would think I could win a negligence claim no problem. Soon there will be lawyers just like that advertising in the magazines. The players will use them, and the whole job wil get a lot more expensive. 'Where there's muck there's brass'.
Tell me I'm wrong...