Injuries At The Water Park: Who Exactly Is Responsible?
During the hot summer months, water parks can often be one of the best places to go to cool off and have some fun. However, there is also the risk of some serious injuries. Drownings, heat-related illnesses and slip-and-fall injures can all happen at the water park. When you consider those tall water slides, it's hard not to imagine how there could be liability issues. So, if you are injured at a water park, who exactly is liable for your injuries? Read on to learn the potential parties.
The Owners of the Water Park
Water parks are responsible for operating its rides in a safe manner that does not cause injury to guests. The water park can often be held liable for injuries caused by certain rides. This is particularly true if the ride was not properly maintained, the ride was improperly operated or the ride was defective.
Owners should ensure that the surfaces in the park are not slippery, which could cause slip-and-fall injuries. In addition, the water in these parks can become infected with water-borne pathogens, which can then lead to infections. The same is true with food and water served at the concession stands, as viruses, bacteria and even parasites can contaminate these items and lead to serious injury to guests.
If the water park fails to fulfill any of these responsibilities, they may be accountable for your injuries.
The Employees of the Water Park
Water parks must employ a variety of employees, including ride operators and lifeguards – all of whom are at risk of causing you injury. There are instances in which a ride operator could mess up by failing to perform his or her job duties as trained. If a ride operator allowed someone on a ride that was too short or did not meet other requirements to ride the ride and it resulted in injury, the ride operator may be held responsible. In this instance, the water park itself may also be held liable.
Generally, the liability will point toward the owners of the water park. However, if you were punched, pushed or tripped by an employee, you will likely have a lawsuit against that particular employee.
Believe it or not, you could also be held accountable for your own injuries. Some water parks require that you sign a liability waiver that keeps you from filing a lawsuit if an injury or death occurs during your time at the park. Just because you signed a waiver like this does not mean that you don't have a case, as the court may not uphold the agreement. If they do choose to uphold it, you may not be able to hold anyone responsible other than yourself for your water park injuries.
If you've been injured at the water park or have lost a loved one due to an injury sustained at the park, get in touch with a professional person injury attorney, like those at Whiting, Hagg, Hagg, Dorsey & Hagg, to find out if you have a case against the water park or one of its employees.