Waterpark Liability
Summer is upon us, and popular area waterparks are open for business. Many families enjoy floating down the lazy river, experiencing the thrilling rides, and soaking up the sun. But every summer people are seriously injured in waterparks. We trust waterpark owners to keep their premises reasonably safe, but that is not always the case. Earlier this year, authorities charged a Kansas water parker owner in connection with the death of a 10-year old boy who died while using a water slide. Most owners won’t be held criminally liable for injuries at their waterparks, but they can be held civilly responsible if they fail to keep guests safe. Common situations where injuries occur include:
Operator Error
Employees of the waterpark should be placed at each waterslide or ride to ensure that guests use the slide safely and properly. These operators are responsible for making sure that operating procedure such as weight limits and height requirements are correctly followed and making sure that guests are adequately secured in any rides. An operator who doesn’t pay attention or is under the influence of drugs or alcohol can lead to severe injuries. If staff are undertrained or overburdened, the waterpark owner may be liable for injuries that result from their negligence.
Design Defect
Waterpark owners should make sure that all slides and rides are designed safely and tested adequately before allowing guests to use them. But some rides are not appropriately designed, and a failure to address safety concerns can lead to severe injuries.
Failure to Warn of Known Hazards
Waterpark owners should place signs at each waterslide or ride informing guests of potential hazards involved in using the rides. For instance, if it is dangerous for a guest with a heart condition to use the slide, the waterpark owner must inform guests of this danger. Height and weight requirements must be strictly adhered to. Owners should also warn guests of how deep the water is in swimming areas of the park.
Improper Maintenance
Waterpark owners have a responsibility to make sure that employees maintain all areas of the park properly. The owners have a responsibility to inspect and repair any defects on waterslides or other rides.
Slippery Surfaces
While it’s difficult to avoid slippery surfaces at a waterpark, owners should advise guests that surfaces are slick and that they should not run through the waterpark. Owners should also make sure that surfaces aren’t more slippery than expected by cleaning any algae and by using safe materials in the construction of the park.
Lifeguard Negligence
Waterpark owners have a responsibility to make sure that they have lifeguards that are adequately trained and not overburdened. Lifeguards should also be placed appropriately throughout the park to ensure that swimmers are reasonably safe.
Contact an Experienced New York Attorney
If you or a loved one has been injured at a waterpark, you should have an experienced attorney evaluate your case. At Bonina & Bonina, P.C., we have over 50 years of experience helping injured New Yorkers. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español