The Reasons behind Water Slide AccidentsWater slide accidents are, unfortunately, quite common. There are a number of reasons that could contribute to water slide accidents. Consider the following list:
- Water slides are improperly maintained.
- There are poor or nonexistent safety guidelines/rules in place (there might not be anyone enforcing existing rules).
- Hazards in the water slides have not been addressed appropriately.
- The water slide is located in an unsafe location.
- The water slide has a faulty design.
- The water slide is defective.
- The water slide was installed incorrectly.
- There are hazards around the water slide (entrances and exits)
- The water level is too low or simply not appropriate.
Unsuspecting Parties Could Be InjuredIn water slide accidents, victims could suffer a variety of injuries. Without a doubt, the most common injuries consist of drowning injuries. However, depending on the circumstances surrounding the accident, victims could suffer many other injuries besides drowning injuries. For example, victims could suffer broken bones, lacerations, and even severed limbs. One victim, in particular, was decapitated in a horrible incident on “the world’s tallest waterslide” just a few years ago. No matter the specific injuries suffered in a water slide accident, victims and their families could be affected for a very long time. If you or your family suffered any type of harm in a water slide accident, you might have grounds to sue – the harm suffered could have been avoided. – San Bernardino Water Slide Accident Lawyer
– Water Slide Accident Lawyer in Los Angeles
Liability in Water Slide AccidentsWho is liable for the harm that you suffered? Who can be held accountable for the harm that you or a member of your family suffered? Liability for the harm suffered will always depend on the specific details surrounding your claim. In other words, liability will be directly related to the cause of your accident. For example, if your water slide accident was caused by unaddressed hazards, the owner/operator of the waterslide could be liable. If the water slide accident was caused by a defect, the company that designed/manufactured the water slide could be liable. Can I sue the homeowner? The owners of water slides could be liable based on premise liability. Based on premise liability, owners have a duty to ensure that their premise is safe for their visitors. Their premises must be completely free of hazards. If there are any hazards that have not been addressed, there must be clear warning signs to prevent guests from being harmed (some examples of warnings could include cones, signs, or even closed water slides). When owners fail to identify and address any hazards on their property (including the hazards relevant to their water slides), they could be liable for any harm suffered by their guests. Can I sue product manufacturers? The companies that manufacture water slides could be liable based on product liability. Based on product liability, all companies have a duty to ensure that their products are safe for their consumers. They must ensure that their products are safe to be used as intended. They must inspect their products and subject their products to various tests to ensure that they are completely safe. As soon as a company becomes aware of a defect in their product, they must take action to address the hazard to prevent any consumers from being harmed. When companies fail to identify and address hazards leading to consumers suffering harm, they could be liable.
You Could Sue and Recover Monetary CompensationWhether you were injured in a home waterslide accident, a defective waterslide accident, or an inflatable waterslide accident, you might have rounds to pursue a claim. If the harm that you or a member of your family suffered was a direct result of the negligent actions of a party or entity, you will likely have grounds to file a lawsuit. If your claim is successful, you could be compensated. Although no amount of monetary compensation could reverse the harm suffered, recovering compensation could help you and your family move forward from such a traumatic experience.
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
The Statute of LimitationsAll claims are subject to deadlines. These deadlines ensure that claims are filed promptly and that both parties (claimants and defendants) have access to the evidence that they need to prove or disprove allegations. In general, injury claims in California are subject to a two-year statute of limitations. Wrongful death claims are also subject to the same two-year deadline. However, many exceptions could apply. For example, if a minor is injured in a water slide, parents will be able to bring forth a case within two years; however, the victim (not the parents) could file his or her claim directly up to two years after becoming of age – the statute of limitations will be paused and will only start running after the victim turns eighteen. What happens if you fail to file your claim within the appropriate length of time? When claimants fail to file their claims within the time established by the applicable statute of limitations, they will lose their right to sue. If you lose your right to sue, you will also lose your right to receive compensation.
Consider These StepsAfter being involved in a water slide accident, there are a number of things that victims and their families must do to ensure that they gather the tools necessary to eventually file a claim (if they choose to do so). Consider the following steps:
- Seek medical attention (or confirmation for the cause of death)
- Take photos of all injuries (visible injuries)
- Take photos of the hazard that caused the accident
- Gather all medical records relevant to the harm suffered
- Collect witness information
- Gather insurance information (homeowner’s insurance, for example)
- Contact the company to report the defect and the harm suffered
- Stop using the defective product
- Take photos of the defective product
- Keep the defective product as-is (do not tamper with or try to fix the defective product yourself)
- Do not agree to a refund
- Do not agree to a free repair
- Do not return the defective product to the company
- Collect records of the purchase of the defective product
Find out more about how we can help you. CHAT LIVE with a representative now.Most importantly, you should seek legal assistance as soon as possible. With the representation of an experienced attorney, you will be able to start your legal process and hold the liable party (or parties) accountable for the harm that you suffered.