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Is a waterpark liable for fall injuries?

On Behalf of | Mar 22, 2022 | Personal Injury |

With the summer approaching, it’s the time when you want to start considering heading to waterparks and enjoying your time outside. When you go to these places, you want to know they’re doing what they can to prevent injuries, though.

Waterparks are generally not liable for several types of accidents that may occur there. There are some accidents that are typical of using the equipment and slides, for example, that cannot necessarily be prevented even if the facility is safe. However, there are other issues that should be addressed, like damaged walkways or loose railings, so that people won’t get hurt due to negligent upkeep of the property.

Getting hurt at a waterpark

If you do get hurt at a water park, you may be asking, “Is the premises liable for falls that occur? Should I consider suing the waterpark for my injuries?” The answer is, “It depends.”

Premises liability lawsuits generally focus on negligence. Property owners must take steps to manage properties and be sure that they are free from hazards that could harm the public. For most casual injuries that could occur in a waterpark, like slip-and-fall accidents on a waterslide or trip-and-fall accident on stairs, you won’t have a case if the premises was kept clean and maintained. Additionally, if you signed a waiver upon entering the park, most common accidents won’t be something you can file a claim for.

There are exceptions

For example, if you were injured because a waterslide was cracked and the company did not shut it down to repair it despite seeing several people with injuries, then you may have a case. If you fall down stairs because the railing comes loose or fall ill because the company didn’t use enough chlorine to kill off bacteria, then you may have a case, too.

If you are hurt, remember that you can look into a premises liability claim. While many kinds of injuries won’t be covered, if you can show that negligence played a role, then you may be able to get compensated for all you’ve been through.

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