Water Park Drowning
Were you injured in a water park, or did you lose a loved one on a water slide ride caused by another's negligent actions?
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys help families who have lost a loved one in a water park drowning receive the financial compensation they deserve. Call our premises liability lawyers at (888) 424-5757 (toll-free phone call) or use the contact form on our website today to schedule a free consultation.
Most of the nation's water parks provide family-orientated fun with aquatic attractions, water slides, and other related rides. Some water parks are located on the grounds of larger amusement parks or included in a resort.
Common attractions include:
- Water coasters
- River rapid rides
- Wave pools
- Amusement park rides
- Beach-style attractions
- Traditional water slides
- Splash pads, geysers, fountains, and sprays
Most of the larger indoor water parks open for the season around mid-April to late May, while outdoor parks tend to start opening towards the end of June.
Indoor parks are open year-round, while outdoor water parks will close for the winter season during October to March, depending on climate and location.
Water Parks: A Dangerous Activity
Many families enjoy all types of water park activities to "beat the heat" during the hottest summer months. Adults and older children enjoy the theme park attractions, including dangerous water rides and a wave pool.
The water park operator has a legal responsibility to ensure every guest's safety by hiring and training a sufficient number of lifeguards, limiting access to dangerous areas, keeping water slides safe, and adequately maintaining the premises.
According to the Consumer Product Safety Commission (CPSC), approximately 4,200 trips to the emergency room occurred in 2015 involving individuals who sustained water slide-related injuries in large and small water parks in the United States.
Many horrific injuries in waterpark accidents resulted from poorly maintained rides, leaving victims with horrific injuries that the staff could have easily avoided. Many of these days begin with fun but end with severe injuries after being struck by lightning, falling from a collapsing ride, or dropping from a tall waterslide.
Common Causes of Water Park Drownings & Accidents
Typically, water parks are severely overcrowded on hot summer days, exceeding the park's capacity where a lifeguard can ensure everyone's safety. Ride operators and water park staff are busy, and parkgoers are there to have fun and not always attentive to their surroundings.
Water park accidents will happen no matter how much supervision is provided in crowded conditions, increasing the likelihood of severe injuries on water rides. While every water park accident is unique, the most common types of waterslide-related injuries occur because of:
- Lack of adult supervision and failure to enforce safety rules
- Slide mismanagement that leads to water park accidents
- Faulty design, lack of quality, and poor maintenance of the water rides
- Faulty manufactured equipment and machinery
- Insufficient water park ride inspections
Severe water slide injuries are often the result of a lack of supervision, a failure to maintain equipment or improper operation by staffing that was never adequately trained.
Waterpark managers and owners must ensure that the rides are regularly inspected and free of any hazards or defects that could cause severe injuries, including cuts or lacerations.
Common Water Park Injuries
More individuals die from drowning in water park accidents than any other catastrophic event in the parks. The drowning is often the result of a crowded pool area that may be difficult for lifeguards to recognize when someone is in trouble.
The most common injuries occurring in waterslide accidents include:
- Loss of life by drowning, electrocution, or being trapped under equipment or machinery
- Injury sustained at the waterpark when entering the pool and not wearing a life jacket
- Broken bones when thrown from a raft
- Back and neck injuries
- Whiplash when the head and neck are jerked suddenly on a waterslide ride
- Cuts and lacerations from sharp objects
- Traumatic brain injuries
- Slip and fall injuries and broken bones from fall accidents on wet surfaces
While most slip and fall accidents in water parks result in minor injuries, some victims are severely injured from a lack of warning signs in undesignated hazardous areas.
Seriously injured victims will often file a wrongful death or personal injury lawsuit seeking financial compensation from the park's insurance coverage or others when a third party is involved.
What to Do After a Water Park Drowning
Were you or a loved one injured in a water park accident? You are likely unsure about what you should do next.
Initially, you may not suspect that you are injured because your adrenaline is racing through your bloodstream, masking your waterslide injuries and pain. However, after your waterpark injury, it is crucial to see your doctor if you are experiencing any of the following symptoms:
- Having difficulty breathing
- Vomiting repeatedly
- Having difficulty with your joints
- Experiencing pain in the neck, shoulders, head, or back
Your water park injuries are likely more severe than you first expected. Your doctor can accurately diagnose you using the best equipment to determine what type of injury you have after or near drowning, falling from a high place, or other experience on a water slide.
Your health care provider may suspect that you have a severe injury and refer you to an orthopedic doctor for further examination and treatment.
Water Park Injury Liability
Many partygoers believe they signed a waiver when they bought a ticket that the water park was released from their liability. However, the water park staff, facility, owner, or other third parties might be responsible for causing your harm and might be held legally accountable in many cases.
Our personal injury attorneys will typically build a case by determining who is liable for causing damages in a water park accident that could include:
Water Park Facility
The owners and managers must ensure that the pool area is maintained correctly without broken equipment and post warning signs indicating the depth of the water. In addition, the staff must inspect every pool drain to ensure they are in proper working order.
Any discovery of an unsafe condition like a broken slide requires immediate repair and further inspection. Until then, the ride should be closed down to ensure everyone remains away from hazardous conditions.
Water Park Employees
The employer must ensure that every worker understands their job description and has been adequately trained to lifeguard, operate rides, or monitor water park guests, ensuring everyone complies with safety rules.
Any failure to follow the rules could lead to negligence, meaning that the employer, employee, and facility staff could be liable for their actions.
Sometimes, other individuals that work for or around the water park could be held legally liable for your injuries. For example, a third party could be any individual engaging in "horseplay" or other risky behavior that causes a victim harm. In these cases, the individual responsible for your injuries might also be held financially accountable.
How to Determine Liability to Ensure All Those Responsible Are Held Liable
Our water park accident lawyers typically base our premises liability claims on vicarious liability where the water park owners, supervisor, and water park operators could be held entirely or partially responsible for all damages, even if the victim signed a liability waiver.
Our waterslide accident investigation might determine that the water park owner or supervisor is liable for their employee's negligence.
Our law firm might determine vicarious liability in finding that the owners and managers should be held responsible due to their hiring negligence or lack of training involving an employee acting under the owner's direction and supervision.
Nearly all personal injury claims involving waterslide injuries are resolved out of court, even when multiple parties are involved. However, if all parties cannot reach a negotiated agreement, or the defendants in the case failed to provide a good faith offer, the victim's attorneys will file a personal injury lawsuit and take the case to court.
Hire a Water Park Drowning Attorney to Handle Your Personal Injury Claim
Rosenfeld Injury Lawyers, LLC is a personal injury law firm representing injury victims in water park accidents. Our legal team negotiates directly with the water park's insurance company to ensure our clients receive maximum compensation for their damages.
Were you or a family member injured due to a dangerous condition on a water ride or in the facility? Contact the best water park and water slide attorney at (888) 424-5757 today to schedule a free consultation. Discuss the circumstances surrounding your water park accident with a personal injury lawyer to ensure you are adequately compensated, and those responsible are held liable for your damages.
Surviving family members who lost a loved one in a waterslide accident can seek financial compensation by filing a wrongful death lawsuit. Qualifying family members typically include spouses, children, parents, and grandparents who need compensation to pay for medical bills, funeral & burial costs, lost wages, and future lost earnings.
Our personal injury lawyers accept all cases on a contingency fee basis, meaning you owe us nothing if we cannot obtain compensation for your damages. In addition, all confidential or sensitive information you share with our law office remains private through an attorney-client relationship.