Can You Sue a Waterpark if You Are Injured There?
Waterparks are great places where people can gather and try out some of their favorite attractions. Unfortunately, waterparks are also places where visitors could be severely harmed due to negligence and malfunctioning attractions. When this happens, a victim might be concerned about whether they could hold the waterpark liable for their injuries. If you or a family member was injured in a waterpark accident and need assistance to pursue the waterpark for damages, you should consult with an experienced Pennsylvania waterpark accident injury lawyer. The Reiff Law Firm has handled a variety of waterpark and amusement park accident cases, and we are here to help you seek damages against a negligent park operator. A visitor of a waterpark should not have to bear the burden of medical costs and other expenses due to the actions of a negligent waterpark operator. The Reiff Law Firm is here to discuss whether a victim of a waterpark accident can sue the waterpark for damages.
When is a Waterpark Liable for a Visitor’s Injuries?
If you were injured at a waterpark accident, you should know that you can pursue a lawsuit against the operator of the waterpark. However, you will need to show that the operator of the waterpark was responsible for the accident.
When a person is injured on the property of another person or entity, the accident will fall under premises liability law. Under premises liability law, a property owner has a duty to keep their property free from hazards that could injure a visitor. For example, if the operator of a waterpark knew or should have known about a defective attraction, they could be held liable if a victim is injured while using it.
There are a number of potential dangers at a waterpark that may lead to a serious injury:
- Wet floors
- Defective water slides
- An extensive amount of chemicals used to treat water
- Operating a ride negligently (e.g., overly aggressive waves in the wave pool)
Additionally, if a waterpark owner is aware of a defect that could harm visitors, but that cannot be handled immediately, they have a duty to warn a visitor of the danger. This could be done by using conspicuous signs or making an announcement. In some cases, a waterpark operator may even be liable for injuries to a trespasser.
The operator of a waterpark could also be held vicariously liable for the actions of an employee. For instance, if an employee harms a customer by failing to operate an attraction correctly, and a passenger is injured, the negligent act could be attributed to the employer.
To learn more about filing about pursuing a waterpark injury lawsuit, you should continue reading and speak with an experienced waterpark ride injury attorney as soon as possible.
Recovering Damages in a Waterpark Injury Lawsuit
To recover damages in a waterpark injury lawsuit, you will have to show the operator behaved negligently. There is a wide range of evidence that you could use to help prove your case. For example, if there were multiple witnesses that observed the accident in question, you could request the witnesses to provide you with testimony. You could also use the following evidence to help prove your case:
- Photos of the injuries you sustained
- Medical records detailing the severity of your injuries
- Photos of the scene of the accident
- A detailed account of the cause of the accident
Our firm could help you gather other pieces of evidence that could assist you with your claim.
As waterpark injury cases fall under the umbrella of premises liability claims, the plaintiff in the case will have to prove the following four elements of negligence before they could recover damages:
- The defendant owed the plaintiff a duty of care
- The defendant breached their duty of care to the plaintiff (e.g., failing to mop a wet floor)
- The defendant’s breach was the proximate cause of the plaintiff’s injuries
- The plaintiff sustained injuries and losses that could be pursued in a court of law
Once these elements are proven, a plaintiff could recover compensatory damages. Compensatory damages could provide a plaintiff compensation for economic and noneconomic losses. The type of damages available to the plaintiff may vary depending on the case and the laws of the state. However, here are some common types of damages that may be awarded in a waterpark injury lawsuit:
- Medical expenses
- Loss of wages
- Property damage
- Pain and suffering
- Emotional distress
- Loss of consortium
In some cases, a plaintiff may even be awarded punitive damages. Note, however, that punitive damages are typically reserved for defendants that were particularly reckless regarding whether their actions could hurt others.
The Reiff Law Firm is here to help you fight for the damages you need after a serious waterpark accident.
Consult with Our Experienced Waterpark Injury Attorneys Today
If you or a family member was injured in a waterpark accident, you should work with an experienced Pennsylvania indoor waterpark injury lawyer as soon as possible. At the Reiff Law Firm, our skilled waterpark injury lawyers possess decades of combined legal experience, and we are ready to provide you with the legal representation that you deserve. We know how a serious waterpark accident could impact a victim’s life and would welcome the opportunity to discuss your legal options. To schedule a free legal consultation to discuss the details of your potential waterpark injury lawsuit, contact the Reiff Law Firm at (215) 709-6940. You may also contact the firm online to schedule your free case review.