The Statute of Limitations for Indoor Waterpark Lawsuits in Pennsylvania
As summer quickly approaches, many residents of Pennsylvania will be planning to visit indoor waterparks to enjoy all the park attractions with their family and friends. Unfortunately, some of these residents may suffer an injury at an indoor waterpark due to a number of unsafe conditions for visitors – and sometimes even employees. If you are injured at an indoor waterpark, it is important to understand that you do not have an unlimited amount of time to file your case because the statute of limitations may bar your claim. The Philadelphia waterpark injury lawyers at The Reiff Law Firm are ready to meet with you and discuss the details of your case today. To receive a free, no obligation consultation, contact our injury lawyers.
When Should I File My Indoor Waterpark Injury Case in PA?
Indoor waterpark injuries, for the purposes of a civil suit, would fall under the umbrella of a personal injury case. According to 42 Pa.C.S. § 5524(2) the statute of limitations on personal injury cases in PA is two years from the date of the injury to plaintiff. The statute of limitations is a law which states the amount of time an individual has to file his or her personal injury case, or any other case.
The statute of limitations imposes a strict deadline on filing cases, and if an injured party were to attempt to file their case late, their case would likely be permanently barred by the court. If somehow an injured party were able to file their case anyways, the owner of the waterpark or whoever the defendant is insured by is highly likely to defend themselves by stating that the case is in violation of the statute of limitations. If this happens you may be left without a resolution to your case and stuck with expensive medical bills and possibly a loss of future wages if your injury kept you from working.
Anyone seeking to file a personal injury case should understand the statute of limitations time limit on filing cases does not mean your entire case should be decided within two years. The statute of limitations only requires that your case is filed within two years. However, it is still a good idea to consult with your attorney as soon as you can after your injury.
Can I Extend My Statute of Limitations Deadline?
If you want to extend the deadline on your indoor waterpark lawsuit, there are some avenues available for doing so. The first is called infancy. According to Pa.C.S. § 5533, if you suffered an injury while you are under the age of 18, the statute of limitations does not begin to run on your case until you are no longer a minor. However, a parent or legal guardian can also file your case for you before you’re 18.
Another method for tolling (pausing) your case deadline is dependent upon the defendant. If you sue an indoor waterpark and the owners of said waterpark hold back, conceal, or change any information crucial to your case to make it seem like they weren’t the negligent party, they would be committing what is called fraudulent concealment. The reason this extends your filing deadline is because you need certain information to file your complaint with the court, and if that is being withheld then you cannot properly file your case.
Common Injuries that Occur at Indoor Waterparks
There are a variety of conditions that indoor waterpark patrons should keep an eye out for and some that are not so apparent. Common injuries sustained at indoor waterparks include:
- Viruses caused by bacteria in the water
- Slip and falls due to wet floors
- Breathing issues due to overuse of chemicals
- Eye issues also due to chemicals
- Back and spine injuries caused by waterslides
- Foot and ankle injuries
- Traumatic brain injuries (TBI)
Many of these injuries occur because of design defects on certain attractions or negligent use of their equipment. For instance, the U.S. Centers for Disease Control and Prevention released a study examining respiratory and eye injuries occurring at indoor waterparks. The results indicated that many of these injuries occurred to both employees and patrons due to a combination of an unnecessary overuse of chemicals like chlorine and indoor facilities which were not properly ventilated. This left patrons and employees to not only absorb these chemicals through their skin but through their lungs as well. Other injuries like broken bones and such tend to happen on attractions like waterslides that are more concerned with being fun than being safe.
If you have been afflicted with one of the injuries above or another injury due to the negligence of the people running these indoor waterparks, you should document your injury well and consult an experienced lawyer early on to ensure that the case is handled properly.
Philadelphia Indoor Waterpark Injury Lawyers Offering Free Consultations
If you or your loved one has suffered an injury at an indoor waterpark near Philadelphia, or anywhere in Pennsylvania, reach out to an attorney as soon as possible. Personal injury cases have to be filed within two years or your claims may be barred. That is why you should consult a Pennsylvania indoor waterpark injury attorney early to make sure your case is promptly filed. The Philadelphia personal injury attorneys at The Reiff Law Firm are ready to assist you with your case, for a free consultation contact us at (215) 709-6940.