How do drowning accidents happen at amusement parks?Amusement parks have an ample amount of rides, waterslides, pools, and more. The water rides in particular can be very dangerous. Although all of the rides generally have lifeguards, there are still times when they can overlook dangerous situations or not notice that someone is in trouble. Some lifeguards may also go on break or may have momentarily left the area.
In amusement parks, children are the most common victims of drowning accidents. They may be in pools that are too deep for them or sneak onto rides with height requirements that they do not meet. If they are by themselves and have separated from a group, it can be hard to locate them and they may go places they are not allowed. Individuals in the amusement park should be attentive to anyone who looks like they may struggle while swimming. Some other accidents at amusement parks include:
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- Swept away by wave pools
- Trapped underneath floats or tubes
- Stuck in pipes or on slides
- Diving into shallow water
- Trip and fall or slip and fall accidents
- Falling into pools or rides because of faulty seats, seatbelts, and structures
What steps do I take to file an amusement park drowning lawsuit?If you wish to sue an amusement park for negligence, causing a loved one to suffer a drowning accident, you will need ample proof. You should follow these steps to guarantee the best chance of success and to be adequately prepared for your lawsuit: First, if the incident in question was an accident of some kind from a ride, it is important that you get everyone who was hurt in your family to the hospital. If a loved one drowned at the scene, you should get statements from EMTs and on-site respondents. You can also hold on to medical notes, hospital receipts, and other pieces of information if your family member was transported to the hospital an later passed away there. You should have photos of the accident or of the hazard at the amusement park. It is important that you get these pictures or acquire the security footage if possible. It will usually show the cause or defect.
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Liability for Your Amusement Park InjuryYou can ask bystanders and other guests at the park for their testimonies and statements. They may have seen the incident occur or noticed the hazard. It is beneficial to have multiple perspectives supporting your claim. You should have a copy of your payment to the amusement park showing that you were a ticket holder and that you were rightfully on the property with your family or loved ones. You can file an incident report with the amusement park, but you should not do this until you have as much evidence as you can. The reason is because of the tendency for property owners to try and remove the troubles before any evidence of them can be taken. If you act quickly, you will already have your proof by the time you file an incident report.
Do I Need a Lawyer After an Amusement Park Drowning Accident?You should reject any offers, free stays, reimbursements, and more in the wake of the incident. if you accept anything, the amusement park could pass it off as you accepting compensation for the incident and that you do not deserve to get paid again when you had already accepted and were satisfied with previous compensation. Lastly, it is highly recommended that you reach out to an attorney who has experience in amusement park drowning incidents. If you have never handled a lawsuit before, you may not be able to move your claim past the initial starting point. We will be able to talk with the insurance agent and negotiate a fair settlement, and if necessary, we can take your case to court and represent you there. You should focus on the grieving process, spending time with your family, and recovering from any potential injuries yourself.
How much can I win in an amusement park drowning lawsuit?A lawsuit against an amusement park can result in a large amount of compensation. The amusement park had a duty of responsibility to you and your family, and if that duty is breached, you could sue for negligence and win total coverage for the consequences of the accident. We will see to it that the maximum settlement amount for your case is reached and that it is highly valued. The likelihood of death in an amusement park drowning is high. We will thus pursue wrongful death damages for your case, which will include the following:
- Pre-death medical bills
- Pre-death pain and suffering damages
- Funeral and burial fees
- Loss of expected inheritance
- Loss of expected income
- Loss of relations and consortium
- Punitive damages to punish the amusement park for its role in the incident or if a party was grossly negligent or intentionally attempted to harm a loved one
What is the statute of limitations on amusement park drowning claims?You have a limited time to file a lawsuit against an amusement park if a loved one were in a drowning incident. In California, this statute of limitations is 2 years from the date of the drowning. If you try to file a claim beyond that point, you will be denied and unable to get compensation. Statutes of limitations allow claims to be filed within acceptable time frames wherein both sides will be able to gather enough evidence for their cases. In some scenarios, the statute of limitations can be extended beyond the 2 year limit. This is most common in cases where the person filing the claim is under the age of 18 years old. Minors cannot sue, and thus, they must wait until they are legal age before the statute of limitations kicks in. additionally, some individuals may have been left mentally or physically incapacitated in the incident, preventing them from suing with an able mind or body. Once they return to functionality, they can adhere to the time limit. Moreover, the defendant must be present in the state in order to be sued. If he has vacated the state, then he will be unable to have a lawsuit filed against him, but once he returns, the time limit will resume. The main reason that many individuals miss out on filing claims against amusement parks for drowning injuries is due to the lack of knowledge concerning the statute of limitations. People may not be aware that they have a deadline or they may not know how much time is left. Contact an amusement park drowning accident attorney today to figure out how much time you have left on your claim. We can handle your case for you and submit your documents on time.
Learn more about your options for compensation by calling (213) 389-3765.