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 water park.
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 now.