Water Park Lawsuit Considerations

Water park visitors that have sustained injuries or illnesses may wish to recover compensation for medical costs and other related costs from the water park owners. However, there are some important considerations when pursuing a lawsuit against a water park. Failure to consider these factors may result in an unsuccessful lawsuit.

Water Park Legal Duty

A water park, like any other public attraction, has a legal duty to keep the park reasonably free from hazards. This includes maintaining rides and walkways, ensuring proper chemical balances in water, and keeping water free from parasites and bacteria. This also includes implementing controls to manage crowds and parking areas. Failure to maintain any aspect of the park grounds or rides that may cause injury or illness to a park guest can be considered ground for a premises liability lawsuit. Water parks also have a duty to warn park visitors of existing dangers.

Assumed Risk Defense

When a water park visitor is injured, one of the most common defenses that water parks use is the claim that the park visitor assumed certain risks upon entering the park and participating in park attractions. If a park visitor sustained injuries as a result of the normal operation of rides or attractions, this defense may stand. However, if a park visitor sustained injuries as a result of park management negligence or a ride that was improperly maintained or malfunctioning, the court may decide that the risks were beyond that which would normally be assumed. In the case of a malfunctioning ride, the ride manufacturers may be liable if it can be proven that the ride was properly maintained yet malfunctioning due to an inherent flaw.

Park Visitor Negligence

Water park lawsuits place the injured visitor under pressure to prove that the injury was caused by the actions of the water park owners or management. Any actions by the victim that may have contributed to the injury may affect the success of the lawsuit. If the water park can prove that the victim broke any posted rules, it may be considered contributory or comparative negligence. Contributory or comparative negligence may exclude the water park from liability or decrease the amount that the water park is liable for.

Water Park Injury Attorney

Having an experienced water park injury attorney provide advice and assistance can mean the difference between a successful and an unsuccessful lawsuit. An experienced attorney will help victims understand whether injuries are the fault of the water park owner, management staff, employees, or ride manufacturers. While most water park injuries result in premises liability lawsuits, an experienced attorney can help make this determination. An attorney can also help compile evidence and testimony to support the victim’s allegations.

 

 

Sources:

Levenson, Mark. Amusement Ride – Related Injuries and Deaths in the United States : 2005 Update. Consumer Product Safety Commission, 7 Sept. 2005. Web. 16 Sept. 2014. <http://www.cpsc.gov//PageFiles/108559/amus2005.pdf>

“Recreational Water Illness and Injury Prevention Week 2014.” Centers for Disease Control and Prevention. Centers for Disease Control and Prevention, 19 May 2014. Web. 16 Sept. 2014. <http://www.cdc.gov/features/rwis/>

Soyuncu, S, O Yigit, and et al. “Water Park Injuries.”National Center for Biotechnology Information. U.S. National Library of Medicine. Web. 16 Sep 2014. <http://www.ncbi.nlm.nih.gov/pubmed/19779993>

“World Waterpark Association.” World Waterpark Association. World Waterpark Association, 26 Feb. 2009. Web. 16 Sept. 2014. <https://www.waterparks.org/press_release_detail.asp?itemId=208>