Water Park Accident Attorneys

Water parks can provide hours of entertainment for local families and visitors during the hot summer months. As of 2023, there are over 1,000 water parks in operation throughout the United States. Most of these water parks are standalone facilities. A smaller number are part of larger resorts. Millions of people of all ages visit water parks each and every year across the country.

With so many lifeguards and staff members around, it can be difficult to imagine any accidents or fatalities occurring. Sadly, each year a number of individuals are hurt or killed in pools or on rides at water parks.

If you or a loved one were involved in a water park accident, it is critical to have a knowledgeable attorney advocating for you. The Doan Law Firm, P.C. understands how to handle aquatic accident claims and is dedicated to fighting for fair compensation for victims and their families.

Call today to speak with a knowledgeable lawyer from The Doan Law Firm. We provide expert legal services for waterpark accident victims, and their families, nationwide.

On This Page:

• Common Causes
• Common Injuries
• Who is Legally Responsible?
• Water Park Regulations
• Work with an Attorney to Get Compensation

Common Causes of Water Park Accidents

There are five types of accidents that more commonly occur at U.S. water parks:

• Overcrowding: When water parks get too crowded, it can be difficult for staff to keep an eye on everyone. This can lead to accidents and injuries. If you notice that the park is overcrowded, be extra vigilant and avoid areas with high traffic. Overcrowding can also raise the odds of reckless behavior. Behaving recklessly puts water park guests at risk for injury, particularly children.
• Lack of proper supervision: Water parks require adequate supervision to ensure guest safety. Lifeguards and other park staff play a crucial role in helping to prevent accidents. If there are not enough trained staff members on duty or they are not paying attention, accidents are far more likely to occur. Parents need to be particularly aware of the level of staffing at a water park when their children will be using the facilities.
• Improper use of attractions: Water park attractions are designed to be used in a specific way. If guests do not follow these guidelines, they increase the risk for injury. For instance, water slides have weight limits and recommended postures that riders must follow to avoid accidents. It is important to read and understand all instructions before getting on any water park attraction.
• Inadequate maintenance: Water park equipment and facilities require regular maintenance to stay in good working condition. If these tasks are neglected, it can lead to equipment malfunctions and other hazards.
• Unhealthy conditions: Certain health conditions or medications can make it unsafe for individuals to participate in water park activities. Some of these conditions include heart disease, epilepsy, and pregnancy. Guests should always consult with their doctor before visiting a water park to ensure that they are healthy enough to participate in the activities.

Common Injuries From a Water Park Accident

Drowning is the leading cause of water park fatalities. According to the World Waterpark Association, drowning is the leading cause of water park fatalities, accounting for 65% of all water park deaths. Children are most at risk. Children under the age of 14 are most at risk for water park injuries. In fact, children between the ages of 10 and 14 have the highest risk of injury.

Head and neck injuries are the most common types of injuries sustained at water parks. These injuries usually occur as the result of a slip and falls, collision, or diving accident.

Wave pools are also particularly dangerous. According to the Consumer Product Safety Commission, wave pools are responsible for a disproportionate number of water park injuries. The powerful waves can knock swimmers over and cause head and neck injuries, as well as other types of injuries.

Water slide injuries are another common type of injury at water parks. These injuries can range from minor scrapes and bruises to serious head and neck injuries.

Who is Legally Responsible for a Waterpark Accident?

If you or a loved one has been injured at a water park, you may wonder whether or not the park owner is responsible for an accident. Some key factors in determining liability for a water park accident include:

• Water Park Negligence
• Assumption of Risk
• Intentional Acts

Water Park Negligence

Water park owners have a duty to provide a reasonably safe environment for their guests. If they fail to take reasonable steps to ensure the safety of their guests and an accident occurs as a result, the owner may be held responsible for any injuries, damages, and losses that occur. This legally is known as negligence.

There are four elements that must be demonstrated to exist in order for a person to be in a position to pursue a negligence claim against a water park:

• Duty of care: Duty of care is the responsibility a water park has to keep patrons reasonably safe
• Breach of duty of care: Water park violates it’s responsibility to keep its customers reasonably safe
• Breach results in accident and injury: The failure to satisfy a water park’s duty of care is the foreseeable cause of an accident and injury
• Actual injury: A customer must sustain actual injuries, damages, or losses as a result of the breach of the duty of care owed to that person by the water park

Negligence can take many forms. For example, if a water park owner fails to properly maintain a water slide and a guest is injured as a result, the owner may be held liable for the injuries. Similarly, if a water park owner fails to provide proper safety instructions and a guest is injured due to their lack of knowledge, the owner may be held responsible.

Negligence can also occur when a water park owner fails to properly train their employees. If an employee is not properly trained to operate a ride or provide first aid, and a guest is injured as a result, the owner may be held responsible.

Assumption of Risk

Guests at water parks assume a certain level of risk when they enter the park. This means that if a guest is injured while engaging in an activity that is considered a normal part of the water park experience, such as going down a water slide, the owner may not be held liable for the injuries. However, this assumption of risk does not absolve water park owners of their duty to provide a safe environment for their guests.

Intentional Acts

Water park owners can also be held responsible for injuries if they engage in intentional acts that cause harm to their guests. For example, if a water park owner intentionally removes safety equipment from a ride, the park may be held liable for any injuries that occur as a result.

Intentional acts can also include acts of violence. If a water park employee assaults a guest, the owner may be held responsible for any injuries that occur.

Water Park Regulations

Water parks fall into the category of public pools and spas, and must meet certain federal safety requirements. Designed to limit the number of injuries and drowning accidents in public pools, federal laws such as the Virginia Graeme Baker Act mandate that pool and spa drains have proper anti-entrapment covers. Regulations also include the supervision of swimmers and other precautions. Some water parks may have fallen into disrepair or may have failed to update their equipment to meet the latest standards.

In these situations, liability can be fairly simple to prove since the parks would be in violation of federal law. However, even if a water park had proper drain covers and employed a number of lifeguards, negligence could still be a factor in an accident. For example if the park let swimmers use pools in which one could not see the bottom, or if they had inattentive lifeguards on duty, the park or operating company could still be legally responsible for the accident that occurred.

Work with an Attorney to Get Compensation

No family should have to suffer the medical and emotional toll that can come with a water park accident. A skilled drowning lawyer from the firm can help by reviewing your case, gathering evidence to show any liability present, and fighting for compensation for the damages you have incurred. When you work with the legal team at the firm, you benefit from the experience and know-how of a large firm and the personal one-on-one attention that only a boutique law firm can provide. Attorney Jimmy Doan and his team can help you understand your options and choose the course of action that is best for you and your family.

The Doan Law Firm makes an attorney fee guarantee to you. Our firm will never charge an attorney fee unless we win your case for you.

Contact a drowning attorney today by calling (800) 349-0000 to get the help you need.