If an individual is injured at a water park in Florida, there are some important steps to take if they need to file a waterpark injury lawsuit. It is important to first get medical attention for your injuries.
It is also important to document the incident, which may include making a written account of what happened and taking photos of the scene as well as the individual’s injuries. An individual can then take this information to a Florida personal injury attorney who will review their potential claim and file a lawsuit on their behalf to recover compensation for their injuries.
A local attorney in Florida will be able to identify the possible defendants to sue, which may include the owner of the water park, operators, and manufacturers of the water park equipment. Water parks are amusement parks that features activities involving water, which may include:
- Swimming pools
- Lazy rivers
- Water slides
- Water rides, such as log flumes
- Other types of similar attractions
Although a water park is typically considered a place to relax and enjoy time with family and friends, it is important to be cautious, as there can be dangers, such as slipping on wet surfaces, drowning, or getting sick due to bacteria.
Not every hazard or injury will serve as the basis for a lawsuit, especially if they are minor. However, a water park does owe a duty of care to patrons and, if they breach that duty, a lawsuit can often be filed.
If an individual has been injured at a water park in Florida, it is important to consult with a Florida personal injury lawyer as soon as they can.
What Are Some Common Types of Water Park Injuries?
There are numerous types of common water park injuries, such as:
- Drowning
- Water slide injuries, such as lacerations or broken bones
- Certain illnesses or parasites
- Slip and fall related injuries, such as brain, neck or spinal cord injuries
- Mechanical errors that lead to serious harm
- Electrocution
- Harm resulting from being trapped in a pool drain
- Various other accidents that occur when people and businesses do not exercise the proper level of care
Depending on the facts of an individual’s case and where they are filing their lawsuit, they may also be able to include a claim for emotional distress under the personal injury laws in Florida.
Who Can Be Held Liable for a Water Park Injury?
Depending on the type of injury and the facts of an individual’s case, there are different parties that may be held accountable for water park injuries, such as:
- Water park employees
- Water park owners
- Other patrons
- Manufacturers of park equipment
- Distributors of park equipment
For example, if a water park employee does not follow the required safety protocols, both the employee and the park owner may be named as defendants if a patron is injured because of the employee’s negligence.
The supervisor of that employee and the owner of the water park can also be held liable under the legal theory of vicarious liability. Under this theory, the owner and supervisor can be held liable for the employee’s actions due to their working relationship, even though they were not negligent themselves.
If there was a dangerous condition at the water park that the owner was aware of but did not fix, they can be held liable. For example, if a drain is missing a cover, the owner can be sued if a patron is injured.
If a ride or item at the water park was defective due to a manufacturing issue, it may also be possible to file a products liability lawsuit. A park patron may also be able to sue another patron if they were injured because of their negligence, carelessness, or failure to follow the safety rules.
An individual should consult with a Florida lawyer for legal advice on the types of claims they may have as well as the compensation they may be able to obtain.
What Evidence Do I Need To Prove a Water Park Injury?
The type of evidence that an individual will need to prove their water park injury claim will depend on the type of claim they are bringing. For example, with a product liability claim against a manufacturer, the individual will need to show that the injury occurred due to a manufacturing defect and that there was a reasonable alternative design that could have prevented the injury from occurring.
Negligence is one of the most common actions that are brought against water parks. In a negligence claim, the plaintiff will need to prove that the employee had a duty of care, they breached that duty, and the breach was the actual cause of their injuries.
There are also several factors that a court will examine when assessing damages, such as the age of the individual, whether they contributed to their injuries, whether this was an extraordinary occurrence, and other issues. The court may also examine whether multiple similar incidents occurred at the same location or if the park employees showed a pattern of carelessness that repeatedly put patrons at risk.
To succeed in recovering compensation for injuries at a water park, an individual will likely need to provide evidence of their injuries, their severity, and how they affect their daily lives. Evidence may include medical bills, treatment or physical therapy, and any other expenses related to the individual’s injuries.
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What Compensation Can I Receive for a Water Park Accident?
The compensation that an individual may be able to recover for their injuries at a water park will depend on the type of claim they file and their injuries. An individual may be able to recover compensation for their:
- Medical bills
- Lost wages
- Loss of earning potential
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Future treatment
- Other related expenses
It is important for water park patrons to be aware that there are issues that may affect the amount of compensation they are eligible to receive, including:
- Signing a waiver
- Assumption of the risk
- Statute of limitations
If a patron signed a liability waiver before entering the park, it may limit their ability to recover. However, these documents are not always enforceable, especially in negligence cases.
If a patron was aware of a danger and engaged in conduct anyway, they may have assumed the risk of injury. However, the water park is still required to maintain a safe environment.
Personal injury lawsuits have statutes of limitations, or time limits, in which a claim has to be filed. If an individual does not file their claim within the required time frame, they may not be able to recover compensation.
What Are Some Common Defenses Against a Water Park Injury Claim?
When an individual files a claim for compensation for their injuries, there are some common defenses the water park may present, such as:
- Assumption of risk: The defendant may assert that the plaintiff assumed the risk of injury by signing a liability waiver to use the equipment in the park.
- Superseding cause: This defense states that someone or something else caused the individual’s injury other than the defendant.
- Act of God: A defendant cannot be held responsible for events that are found to be outside of human control, such as tornadoes.
Do I Need a Lawyer to Sue a Water Park for an Injury?
If you have been injured at a Florida water park, it is essential to reach out to a Florida personal injury lawyer as soon as possible. As noted above, there will likely be a time limit for your claim.
In addition, your lawyer will help you determine what types of claims you may be eligible to file and what parties you can name as defendants. Take advantage of LegalMatch’s free lawyer matching services today to find a Florida personal injury lawyer near you who can help you get compensation for your water park injuries.
