Water parks pose a range of potential risks for visitors. Wet surfaces are often slippery and can cause slip-and-fall accidents. Fast-moving water slides can cause users to collide with objects or each other. And water always poses a risk of drowning. The water park may bear legal responsibility for some injuries suffered by guests.
Water parks owe a high duty of care to guests
Every business owes its visitors a special legal duty to keep its premises reasonably safe for use. That means that a water park has a special obligation to ensure that its facilities are safely maintained. A water park’s failure to address a safety problem may give rise to a premises liability claim. Examples might include broken equipment, unaddressed slip risks, inadequate sanitation, or repairs that do not adequately restore a feature to a safe condition.
A facility’s violation of laws or regulations can improve the likelihood of a lawsuit’s success. Water facilities are subject to specific rules and regulations that govern their design and maintenance. For example, in Las Vegas the Southern Nevada Pool Code imposes requirements for any publicly accessible pool such as safely designed drainage, water quality standards, and proper surface care. Water parks are also required to have lifeguards regularly stationed where they can assist patrons in the event of an emergency. Lifeguards are required to hold certifications that qualify them to perform first aid and other life-saving procedures, as well as being able to rescue someone who has suffered an injury in the water.
Suing for wrongful death in drowning cases
Drowning is the worst-case scenario for a water park visitor. If someone should die from drowning at a water park and the park bears responsibility for the death, the person’s next-of-kin may have the option of suing for wrongful death. In a wrongful death suit the plaintiff can recover compensation for grief as well as other damages.
The highly publicized case of the boy beheaded by a waterslide in Kansas City offers an example of probably the most extreme case of negligence by a water park. According to the prosecutor pursuing criminal action against the slide’s owners, the slide’s design made it inherently unsafe. One hopes that the Kansas City accident gives operators of water rides reason to pause before building extremely unsafe amusements, but given the competitive landscape one can expect businesses to continue to push the safety envelope.
Talk to a Las Vegas personal injury attorney about your case
The law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury cases for over 45 years. If you or a loved one has been injured at a water park and you would like to find out what your legal options are, call us today for a free attorney consultation. We’re available at 702-388-4476 or contact us through our website.