Setareh Law
March 24, 2021
California water parks are a great place to beat the summer heat, but they can be dangerous. Water park injuries may result from drowning, lifeguard negligence, or slip and fall accidents, and many victims aren’t sure who to name as the defendant.
If you’ve been injured at a California water park, reach out to a skilled personal injury attorney. A lawyer will thoroughly investigate your claim to determine who the liable party is. They will also fight for you to receive a fair settlement and take your case to trial, if necessary.
How Do I File a Lawsuit Against a Water Park?
When you’re injured in a water park, you may be able to file a personal injury claim. Generally, water park claims fall under negligence, premises liability, vicarious liability, or product defect liability. Your personal injury attorney will review your case and determine which lawsuit will be best.
Negligence
To prove a negligence claim, you’ll have to show that the defendant failed to provide you a basic duty of care. You must also prove that their failure caused your injuries and you suffered monetary damages because of it.
Premises Liability
Water park owners and operators owe a duty of care to their customers to maintain their property in a safe condition. They must also repair any hazards in a reasonable time frame and warn patrons about any dangers.
Vicarious Liability
The waterpark company may be liable when a negligent employee causes your injuries. You do not have to prove that the company was directly responsible, but you must show that you were harmed because of an employee’s negligence and the company would be responsible if the employee was acting within their scope of work.
Product Defect Liability
If defective water park equipment—such as a slide—causes injury, the manufacturer could be responsible. Product liability makes the designer, manufacturer, or seller accountable for damages.
Who’s Responsible for a Water Park Injury?
There could be multiple parties responsible for a water park injury. When you file a personal injury lawsuit against the water park, the complaint will name potential defendants who are liable. This may include:
- Water park owner/operator: When employees are negligent when performing their job, the water park owner or operator could be liable for their actions or lack of effort. Similarly, the company might be responsible if the accident was caused by inadequate training. Most of the time, the water park operator will be listed as a possible defendant.
- Water park employee: If the employee was not acting with the company’s best interests in mind—a lifeguard was sleeping on a stand or a slide operator let too many people through at once—they might be liable for your injuries.
- Another guest: Water park accidents can also result from other guests who are negligent. They might overload rafts, ignore safety warnings, or try to stop in the middle of a slide.
Common Water Park Injuries in California
Water park accidents can cause severe and life-threatening injuries. Some common injuries include:
- Drowning
- Fractures and broken bones
- Concussions
- Traumatic brain injury
- Spine injury
- Paralysis
- Internal organ damage
- Wrongful death
We always recommend seeking medical attention following a water park injury. Even if you feel fine and show no external injuries, you might have internal damage a doctor can diagnose.
What Compensation Can I Receive for a California Water Park Accident?
All cases are different, so the compensation you may receive depends on the circumstances surrounding your injuries. However, your attorney might be able to recover the following losses:
- Medical bills
- Physical therapy
- Pain and suffering
- Lost income
- Future loss of wages
- In-home rehabilitation
- Funeral costs
In some rare cases, a judge may award you punitive damages. These are awarded when a party acts with extreme negligence and to deter similar action in the future.
Skilled Personal Injury Attorney in California Will Fight for You
Following a water park injury, you’re likely confused and overwhelmed about what to do next. Your best course of action is to partner with the attorneys at Setareh Law. We’re dedicated to protecting the rights of California accident victims.
Remember that you only have two years to file a personal injury claim in California. The sooner you contact us, the better. Call (310) 659-1826 or complete our contact form to schedule a free consultation.
