Water Park Injuries
What are Water Park Injuries?
Water park injuries are injuries that are sustained at water parks or water-themed amusement parks. These commonly feature high-thrill water-based rides, most especially water slides. Injuries and accidents may occur at these parks due to the high-risk nature of the attractions, as well as the high volume of patrons that can visit the park at any given time.
Most water park injury claims are based on a negligence theory. That is, most water park injuries result from the owner operator’s failure to follow their duty to provide a safe environment for the visitors. In many cases the injury is due to a failure to maintain or repair defective waterslides. Also, under-trained or overburdened emergency staff may also be a factor in these types of lawsuits.
What are Some Common Types of Water Park Injuries?
The two most common sources of injuries at water parks are injuries from water slides and wave pools. Waterslides can present dangers due to elements such as high speeds, free falls, and striking the landing water at high impact. Also, “crowding” or improper monitoring of lines can cause the patrons to collide with one another while going down the slide or when landing in the water.
Wave pools can also be dangerous, especially for younger swimmers. These are pools that simulate wave action, and can sometimes be overcrowded. Oftentimes, large crowds can make it difficult for a lifeguard to see if a person is in a drowning or near-drowning situation.
Other types of injuries include:
- Head, neck, and spinal cord injuries
- Straddle Injuries - where the person injuries their groin by “straddling” the side of a waterslide or safety bar
- Jet-Ski injuries - water entering body cavities when entering the water at high speed
- Slip and fall injuries due to wet or poorly maintained walkways
- Drowning or near-drowning
- Other types of injuries related to water recreation activities
Many water park injuries can be avoided by following park rules and waterslide instructions.
Who May Be Held Liable?
In most cases, it is the owner or operator of the water park that is liable for the victim’s injuries. As mentioned, the issue is usually whether or not the owner maintained the attractions and rides in good working order and repaired any unsafe conditions. Or, it also happens that the owner fails to establish good safety policies or fails to train workers according to the correct safety standards.
In some cases, other patrons can be held liable if their negligence or recklessness has caused injury to another patron. For example, if the person didn’t follow rules or instructions, or intentionally injured another person, they could be held liable for damages.
Remedies for water park injuries usually consist of a monetary damages award to compensate the plaintiff for their injuries. The damages award will generally cover medical costs, hospital bills, pain and suffering, lost wages, and any other losses caused by the defendant’s actions. The court may also need to determine whether liability release form was signed, as this could limit the amount of damages received.
Do I Need a Lawyer for Help With a Water Parks Injury Claim?
Water park injuries can often be very serious and can result in serious losses for the plaintiff. If you or a loved one needs assistance with filing an injury lawsuit, you may wish to contact a personal injury lawyer immediately. Your attorney can help represent you in court to obtain the full extent of your damages award. Also, your lawyer will be able to advise you of how the personal injury laws in your state might affect your legal claim.
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Last Modified: 10-16-2012 02:30 PM PDT
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