Water parks are popular destinations for families and thrill-seekers, especially
during the summer months. However, they present an overabundance of opportunities
for accidents. The types of injuries possible at a waterpark range from
mere slips and falls to severe physical harm and
wrongful death. One such water park accident occurred earlier this year and resulted in the
death of a 10-year-old boy, who died due to a deadly neck injury while on a waterslide at a Kansas
Can I Hold the Water Park Liable for My Injuries?
Yes. Water parks can be held liable for injuries sustained on their property,
though a park’s liability is not guaranteed in every case. Whether
you’ve experienced the tragic death of a loved one, heat sickness,
waterborne diseases, pain after slipping on a wet surface, or any other
degree of suffering, you may be able to make a case for negligence by
the property owner’s, staff members, or both.
A water park’s owners and operators are required to ensure all of
their attractions are safe to use. They are responsible for making sure
all parts of the park (including rides, dining areas, bathrooms, pools,
etc.) are sanitary, functional, and do not pose any danger to patrons.
When they fail to do so, walkways can be slippery, pools can be full of
pathogenic bacteria, food can be contaminated, and rides can present serious
risk to visitors. In a
personal injury case, liability will most likely be designated to the water park itself,
though, in rare cases, individual employees can be held liable for failing
to perform duties necessary to protect patrons’ safety.
Can I Sue the Water Park if I Signed a Waiver?
If you signed a release of liability to gain access to waterpark attractions,
you are not necessarily disqualified from filing a lawsuit against the
water park. A court may determine that your liability waiver is legitimate
and must be upheld, or it may not. If you signed a waiver, there is a
chance you could be held liable for your injuries.
What Should I Do When Involved in a Water Park Accident?
In the case of the 10-year old boy killed on a waterslide in a Kansas water
park, the family reached a settlement of $20 million. While large settlements
don’t make death or injury disappear, they can help mitigate the
suffering of those involved and ease the financial burden that such disasters
create. To increase your chances of receiving the compensation you deserve,
you will need to get an experienced legal professional on your side right
away. Take the next step toward recovering by connecting with our Austin
personal injury attorneys at
Komie & Morrow, LLP, and let us help.
Call (512) 640-2050 or contact us to receive a complimentary case evaluation