upper WILLLIKELY practiced with the gun and knew how to screw in the carbon dioxide cartridge pump the gun , and use it's safety and trigger Although Clark was aware that he could purchase protective eyewear he chose not to Clark had taken gun safety courses and understood that it was " common sense " not to shoot anyone in the face Clarke's friend , Chris Wright also owned a paintball gun and was similarly familiar with the gun's use and it's risks , Clark , Wright , and their friends played a game that involved shooting paintballs at cars whose occupants also had the guns , One night while Clark and Wright were cruising with their guns , Wright shot at Clark's car , but hit Clark in the eye Clark filed a product liability lawsuit against the manufacturer of Wright's paintball gun to recover for the injury . Clark claimed that the gun was defectively designed During the trial , Wright testified that his gun " never malfunctioned In whose favor should the court rule ? Why ? ( See Product Liability . Wright will be in favor in the court because even though he shot the gun , it was Clark's fault for not buying the protective eyewear The gun also never malfunctioned so it was not his fault