The Dangers Associated with Water ParksWhen you are out having fun with your family at a water park, it can be difficult see the danger that is in water parks. Consider the following points:
- Water slides – in general, water parks have multiple water slides – guests simply climb up the steps and slide down when they are ready. However, some guests that get of these water do not make it off of the slides in the same condition in which they got on. Guests can be launched from slides, fall off slides, collide with metal netting/framing, or get stuck, for example.
- Pools – water parks usually have a number of pools, including the normal pools that we are used to and pools with “tidal waves,” for instance. Guests can drown or suffer near-drowning injuries. Hazards in these pools, such as cracked tiles, could also cause significant injuries to guests.
- Rides – some water parks have rides ranging from those with rafts simply sliding down tubes (slides) or rafts attached to railing, for example. Many of these rides lack the appropriate restraints to keep guests on the raft. Some guests can fall off the rafts and end up sliding down the rest of the attraction off of the raft. Other guests can fall off the rafts and become trapped under the raft, which could lead to drowning or near-drowning injuries. It is also possible for guests to get caught in the railing system and suffer injuries.
- Exposed wires – there is electricity all over water parks; electricity is necessary for the entire water park to function. In some instances, there are exposed wires. Guests can unknowingly make contact with exposed wires and suffer electric shock. Because of the excess of water, electrocution can be even more devastating.
- Wet floors – because of the excess of water throughout water parks, the floors are usually wet. Certain floor surfaces become slippery when wet and could potentially cause guests to slip and fall. Guests that slip and fall are likely to hit their heads and become unconscious, which is exceptionally dangerous around water.
Liability for Water Park AccidentsAfter suffering any sort of accident at a water park, many of us simply get up as quickly as possible to prevent further embarrassment. We are quick to blame ourselves for the accident. However, most accidents that occur could have been prevented. In fact, the water park owner, operators, managers, and even employees could be liable in one way or another. However, because of vicarious liability, liability can be transferred from different levels of employment up towards the employer – the water park owner.
Learn more about your options for compensation by calling (213) 389-3765.Why can a water park owner be liable for the harm that guests suffer on their property? Liability for water park accidents is based on premise liability. Based on premise liability, property owners have a duty of care towards all parties that visit their property (water park guests). Property owners have a duty to inspect their premises to ensure that the entire premises if free of any hazards that could pose a risk to their guests. When property owners fail to identify or address hazards and innocent guests are injured, property owners could be liable for all the harm suffered.
Are there any Exceptions to Liability?As explained above, water park owners can be liable for any harm suffered on their property given that they negligently failed to address any hazards present. However, other parties might carry liability. Consider the following scenarios in which other parties could carry liability:
- The water park has a contract with a cleaning crew that is on the water park before, after, and during operation hours. The cleaning crew has to constantly mop up the areas that are prone to slippery floors when wet. The cleaning crew also has to ensure that there are clear warning signs for the wet/slippery floors. In one instance, the cleaning crew on duty failed to appropriately mop up the wet floors and also failed to put up the signs. A guest slips and falls, suffering a number of injuries. The cleaning crew could be liable.
- The water park becomes aware that there is an issue with a water slide. Something sharp is exposed and tore one of their rafts. The water park immediately closes down the slide and calls the repair team (a contracted team that is specialized in water slide maintenance). The water park representative explains the problem, and the repair team begins to address it. After the repair is allegedly complete, the water park reopens the slide. However, one of the first guests to get on the ride suffers a laceration. Upon investigation, it is determined that the repair team created an additional hazard while addressing the original hazard. The repair team could be liable for the harm suffered; however, the water park could have some liability for failing to inspect and test the ride after the repair had been completed.
- There are many drains throughout the water park on walkways to ensure that water does not pool too much. Because people step on these drains while walking, the drains must be sturdy enough. A guest was walking on a designated walkway and stepped on a drain. The drain cover suddenly broke, and the guest’s foot got stuck in the drain. The guest tripped, suffering a severe foot injury. An investigation determined that the drain cover was installed correctly; however, it was found to be defective. The company failed to use the appropriate material for the drain cover. Based on product liability, the company that manufactured the defective product could be liable for the harm suffered.
Can You Sue?As explained above, water park owners and other parties could be liable for the harm that you or a member of your family suffered in a water park accident. These parties have a specific duty of care; when they breach their duty of care, they can contribute to accidents that result in injuries. If the harm that you suffered was related to a breached duty of care (or negligence), you might have grounds to sue. Depending on the specific details of your claim, you could even recover some sort of monetary compensation.
The Compensation Available for RecoveryCould you be eligible to recover compensation? How much could you receive? What type of compensation could you recover? Although every claim is different, you might be eligible to recover compensation for at least some of the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Property damage
- Punitive damage
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