Water Park Accident Information

Information on Water Park Accident and Injuries, including the causes of Water Park Accidents, Product Liability Law as it pertains to Water Park Injuries, an overview of the Consumer Product Safety Commission (CPSC), a guide for determining liability, and the statute of limitations.

Understanding Accidents at Waterparks · Causes of Waterpark Accidents · Product Liability Law · Consumer Product Safety Commission-CPSC · Fault and Liability · Statute of Limitations

Understanding Accidents at Waterparks

Water parks are a popular diversion on for kids and families during the summer months, but slippery surfaces, polluted water, improperly supervised rides, and other dangerous conditions can lead to water park accidents and a tragic end to what should have been a day of fun. Unfortunately, water park accidents can and do happen on a regular basis, with effects ranging from slight lacerations and bruises to brain damage, neck and back injuries, and drownings. When water park employees and managers are negligent, it's all too easy for tourists and water park visitors to be seriously injured, even killed. Defective water park pool and water slide design, manufacture, or maintenance can also be the cause of a water park accident. Wavepools are often the site of accidental drownings or near-drownings when weak swimmers get pulled into deep water. Slip and fall accidents on pool decks or ride loading areas and diving accidents are additional causes of water park accidents and injuries. A water park accident lawyer can advise injury victims and their family members about their rights and possible legal options for recovering compensation.

Causes of Waterpark Accidents

Accidents at water parks often occur when a user’s body hits something, two or more riders collide, tubes flip over, and during loading and unloading from water park rides. In addition, when chlorine levels are not properly regulated, people can get sick from high levels of bacteria in the water. Riders can also get seriously injured while going down huge drop slides. Common causes of water park accidents include:

Product Liability Law

Product liability is a broad legal term that refers to negligent accidents caused by defective design, manufacture, or description of a consumer product. Water park attractions call for extra care on the part of equipment manufacturers, owners, and operators in order to ensure the safety of users and minimize the risk of injury and drowning. If a water park attraction is designed in an unreasonably dangerous way, is insufficiently marked for danger, or possessed a manufacturing defect, and one of these issues caused injury to a park visitor, he or she may have a product liability claim. Product liability cases are based on strict liability, rather than negligence. This means that it is not necessary to prove fault on the part of the manufacturer or seller. Rather, it needs to be proven that the defective water park attraction or equipment was being used in a normal manner, that part of it was defective or that the design was defective, and that this defect caused injury to the water park visitor. Defective product claims need to show a direct link between the defect and the injury. If you feel that your water park injury was caused by a design or manufacturing defect, you should consider contacting an experienced product liability lawyer to handle your case.

Consumer Product Safety Commission-CPSC

Water-park operators are responsible for ensuring proper ride construction, safety equipment, and rider restrictions to provide consumers with a safe and exciting an experience, but enforcement of these responsiblities is difficult because water parks are currently not regulated by the Consumer Product Safety Commission (CPSC). Although many water park owners oppose federal oversight of safety regulations and reporting, some legislators seek to give the CPSC authority over water parks and other theme parks. CPSC estimates show that up to 54,000 theme park guests received emergency-room treatment for injuries between 1997 and 2002. However, steps are being taken to improve water park and pool safety. The Virginia Graeme Baker Pool and Spa Safety Act, passed by Congress in 2007, states that by December 19, 2008, all public pool owners/operators must:

The law specifies that it is to be interpreted and enforced by the CPSC, and CPSC staff have recommended that to eliminate and not just mitigate the drain entrapment hazard in pools and spas, pool owners should disable old drains or build new pools without any drains and use gutters, overflows and/or skimmers to provide water to the pump.

Fault and Liability

Water park owners and operators should be held accountable when patrons are injured on their rides or in their pools. They are responsible for maintaining their property, training their employees, and ensuring the maintenance of their rides. If they fail to do so, and a water park accident occurs as a result, they can be held accountable for injuries, medical costs, pain and suffering, and lost wages. Because of the complex nature of water park injuries and accidents, several areas of state and federal law may come into play, including product liability laws, premises liability laws, negligence, and tort law. Water park accidents are usually covered by commercial liability insurance, so insurance coverage issues may also come into play. Determining liability in a water park accident requires extensive discovery, witness interviews, and accident reconstruction. It is possible that your ticket stub or a sign at the park states that by using the water park’s facilities, you are agreeing that the park is not liable for any injuries. However, do not let this keep you from discussing your case with an attorney. Depending on the circumstances, some courts will not allow the water park to hide behind this type of waiver. An experienced water park accident attorney can advise you further and guide you through the legal process.

Statute of Limitations

The statute of limitations for water park accident injuries varies from state to state. The statute of limitations is the time limit in which you must file the water park accident lawsuit. If you have not filed your water park accident claim by the time the statute of limitations has expired, you lose your right to compensation for injuries and damages. Due to the complex nature of water park accidents and the limited time in which victims have to file their lawsuits, it is important to seek a qualified water park accident attorney to represent your claim as soon as possible following the accident.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

Tags:  Legal Help · Recreational Accidents · Water Park Accidents