Texas Water Park Injury Lawsuit: Legal Process and Compensation

Water parks are popular destinations for family fun in Texas, but accidents can happen in many different ways at a waterpark. Those accidents can then lead to serious injuries. If you or a loved one has been injured at a water park in Texas, you may have grounds to file a lawsuit under premises liability law.

Premises liability is a legal framework that holds property owners and operators accountable for injuries caused by unsafe conditions on their premises. Although there isn’t a specific statute solely dedicated to premises liability, the legal framework is derived from general negligence laws and case law precedents.

Under Texas law, property owners owe varying levels of duty to individuals based on their status as invitees, licensees, or trespassers:

• Invitees: Property owners owe the highest duty of care to invitees, such as customers or guests, and they must ensure the premises are safe by addressing known hazards and conducting regular inspections
  • It is important to note that paying customers attending a water park would be considered to belong to this class
• Licensees: These are individuals who enter the property with permission but not for the owner’s benefit, such as social guests
  • Property owners must similarly warn licensees of known dangers, but are not required to inspect for hazards
• Trespassers: Property owners generally owe no duty of care to trespassers, except to refrain from willful or wanton harm
  • An exception exists for children under the “attractive nuisance doctrine,” which applies to hazards like swimming pools
  • For instance, if the water park was not fenced, and a child wandered onto a slide and got injured, then the park may be liable for the damages

In order to file a waterpark injury lawsuit based on premises liability, it is recommended to take the following steps:

• Document the Incident: First, it is important to gather evidence of the injury, including photographs, medical records, and witness statements, as this documentation will be crucial in proving your case
• Identify the Responsible Parties: Next, you must determine who may be liable for the injury, which could include the water park owner, operator, or even a manufacturer of defective equipment
• Consult an Attorney: It is recommended to seek legal advice from a local attorney in Texas experienced in premises liability cases, as they can help you navigate the complexities of the legal process
• File the Complaint: Your attorney will be able to help draft and file a formal complaint outlining the details of the incident, the damages sought, and the legal basis for the claim
• Negotiate or Litigate: Depending on the circumstances of the case, your case may be resolved through settlement negotiations or it may proceed to trial

It is important to note that personal injury claims in Texas are governed by the Texas Civil Practice and Remedies Code, Chapter 71. That statute outlines the legal elements required to establish liability for injuries caused by negligence or unsafe conditions.

What Are Some Common Types of Water Park Injuries?

As mentioned above, water parks are popular attractions, but they come with risks that can lead to various injuries. In Texas, common types of water park injuries can include:

• Slip and Fall Accidents: Wet surfaces, stairs, and pool areas can become slippery, increasing the likelihood of falls, which can result in broken bones, spinal cord injuries, or head trauma
• Waterslide Injuries: Riders may experience dislocated shoulders, neck strains, or back injuries due to sudden movements or collisions, such as by hitting the bottom of the pool
• Traumatic Brain Injuries (“TBIs”): Improperly designed or maintained slides can lead to head injuries, such as concussions or more severe TBIs
• Drowning and Near-Drowning Incidents: Wave pools and crowded swimming areas pose drowning risks, especially for children
  • Additionally, entrapment hazards, such as pool drains, can also contribute to these incidents
• Cuts and Lacerations: Sharp edges on equipment or surfaces can result in cuts and abrasions
• Waterborne Illnesses: Contaminated water can lead to illnesses caused by pathogens like Cryptosporidium or Legionella bacteria

Who Can Be Held Liable for a Water Park Injury?

There are several different parties that can be held liable for a water park injury in Texas, depending on the circumstances of the incident. The following is a list of entities that may be held responsible for an injury at a water park:

• Water Park Owners and Operators: Under Texas premises liability law, water park owners and operators have a duty to maintain a safe environment for visitors, and they can be held liable if they fail to address known hazards
  • If the injury occurred due to negligence in maintaining the property, the owner or operator may be responsible
• Employees: If an employee’s negligence, such as improper operation of a ride or failure to provide safety instructions, contributed to the person’s injury, the water park may be held liable under the legal doctrine of “respondeat superior”
  • Respondeat superior holds employers accountable for the actions of their employees performed within the scope of their duties
  • The employee themselves may also be held liable in some cases
• Manufacturers of Defective Equipment: If the injury was caused by a defective ride or equipment, the manufacturer may be held liable under product liability laws
  • In these personal injury cases, the plaintiff must prove that the defect existed and directly caused the injury
• Third-Party Contractors: If a third-party contractor, such as a maintenance company, was responsible for inspecting or repairing the equipment and failed to do so properly, they may also share liability for the injury under the personal injury laws in Texas

What Evidence Do I Need To Prove a Water Park Injury?

In order to prove a water park injury in Texas, you’ll need strong evidence to demonstrate what caused the incident, the extent of your injuries, and the liability of the responsible parties. Evidence that is needed to prove an injury at a water park includes:

• Photos of the accident scene, hazards, or defective equipment
• Medical records documenting your injuries and treatments
• Witness statements from any individual who saw the incident
• Incident reports created by the water park staff
• Expert testimony from specialists, such as safety engineers or medical professionals
• Proof of damages, such as medical bills, prescription costs, and lost wages.
• Video footage, if surveillance happened to capture the event
• Records of any prior complaints about the same hazard or equipment, as such evidence could establish prior notice

What Compensation Can I Receive for a Water Park Accident?

If you’ve been injured in a water park accident in Texas, and you are able to prove your claim against the party that caused you damages, then you may be entitled to various types of compensation, including:

• Medical Expenses: This includes costs for emergency care, hospital stays, surgeries, medications, physical therapy, and any future medical treatments related to your injury
• Lost Wages: If your injury prevents you from working, you can seek compensation for the income you lost during your recovery period
  • In cases of long-term disability, you may also recover damages for future lost earning capacity.
• Pain and Suffering: Non-economic damages for physical pain and emotional distress caused by the accident, which includes compensation for the impact the injury has had on your quality of life
• Mental Anguish: If the accident caused severe emotional trauma, such as anxiety, depression, or post-traumatic stress disorder (“PTSD”), then you may be eligible for additional compensation
• Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you once enjoyed, then you may also recover damages for this loss
• Punitive Damages: In cases that involve gross negligence or willful misconduct by the water park, the court may award punitive damages, which are damages that are meant to punish the responsible party and deter similar behavior in the future

What Are Some Common Defenses Against a Water Park Injury Claim?

When facing a water park injury claim in Texas, defendants will often employ several legal defenses to challenge their liability. The following is a list of common legal defenses:

• Assumption of Risk: Defendants may argue that the injured party voluntarily accepted the inherent risks associated with water park activities, such as slipping on wet surfaces or minor injuries that may occur from rides
• Comparative Negligence: Texas follows a modified comparative negligence rule, which means that the plaintiff’s compensation can be reduced if they are found partially at fault for the accident
  • For instance, if the plaintiff’s negligence exceeds 50%, they may be barred from recovering damages altogether
• No Duty of Care: Defendants might claim that they did not owe a duty of care to the plaintiff, particularly if the injured party was trespassing or engaging in unauthorized activities
• Adequate Warnings: Water parks often post warning signs about potential hazards, and if the defendant can prove that adequate warnings were provided, they may argue that the plaintiff failed to heed them
• Lack of Evidence: Defendants may challenge the plaintiff’s evidence, arguing that there is insufficient proof of negligence or causation
• Third-Party Liability: The defendant might shift blame to a third party, such as a manufacturer of defective equipment or a maintenance contractor

Do I Need a Lawyer to Sue a Water Park for an Injury?

If you are an individual who has been injured at a water park in Texas, or if you are a business dealing with personal injury claims related to water park accidents, it is strongly advised to consult an experienced Texas personal injury lawyer.

LegalMatch can assist you in connecting with a lawyer who is knowledgeable about Texas laws concerning premises liability and personal injuries at water parks. An experienced attorney will be able to provide you with legal guidance to protect your rights and help you recover damages from your injury.

Whether you have suffered from slip-and-fall accidents, defective ride injuries, or drowning incidents caused by negligence, legal representation is essential to safeguard your interests and recover for your injuries.

A personal injury lawyer can assist you in filing personal injury claims, recovering financial losses, and negotiating with the responsible parties for fair compensation. Additionally, if your legal dispute requires a trial, an experienced attorney can also represent you at any in person hearings and court proceedings.