Setareh Law
January 3, 2025
California water parks are a great place to beat the summer heat, but they can be dangerous and lead to a waterpark accident. 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 water park accident lawsuit or 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 in personal injury claims, you’ll have to show that the defendant failed to provide you with 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 acted within their scope of work.
Product Defect Liability
If defective water park equipment—such as a slide—causes injury, you may have a product liability claim against the manufacturer. Product liability claims can hold 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. Water parks must adhere to strict safety regulations to ensure the safety of their patrons. 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
Waterpark 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. When filing a waterpark injury claim, 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.
Protecting Your Rights After an Accident
If you or a loved one has been injured in a water park accident, it is essential to take immediate action to protect your rights. Here are some steps you can take:
Report the accident to the water park management immediately
After an accident, it is crucial to report the incident to the water park management as soon as possible. This will help create a record of the accident and ensure that the water park takes the necessary steps to prevent similar accidents in the future. Be sure to get a copy of the accident report, which will be useful when filing a personal injury claim. Documenting the incident promptly can strengthen your case and provide essential evidence for your personal injury attorney.
Seek medical attention and document your injuries
Even if you feel fine after an accident, it is essential to seek medical attention immediately. Some injuries may not be apparent right away, and a medical professional can diagnose and document any injuries you may have sustained. Keep a record of all medical treatments and related costs, as these will be essential when filing a personal injury claim. Detailed medical records will help your personal injury lawyer demonstrate the extent of your injuries and their impact on your life.
Collect evidence and witness statements to support your claim
Collecting evidence and witness statements can help support your personal injury claim. Take photographs of the accident scene, and gather witness statements from anyone who may have seen the accident. Also, keep a record of any communication with the water park management or staff, as this can be useful when negotiating a settlement. The more evidence you have, the stronger your case will be, making it easier for your personal injury attorney to advocate on your behalf.
Liability Waivers and Assumption of Risk
Many water parks require visitors to sign a liability waiver before entering the park. However, signing a liability waiver may not necessarily bar your claim. Here are some things to keep in mind:
Water parks often use liability waivers to limit their responsibility for accidents and injuries. While these waivers can complicate a personal injury claim, they do not automatically prevent you from seeking compensation. Courts may find waivers unenforceable if they are overly broad, or ambiguous or if the water park owner acted with gross negligence. Additionally, waivers cannot absolve water park owners from their duty to maintain a safe environment.
If you have signed a liability waiver and suffered an injury, it is crucial to consult with an experienced personal injury attorney. They can evaluate the waiver’s validity and determine if you still have a viable claim. Remember, your safety and well-being are paramount, and legal protections are in place to ensure you receive fair compensation for your injuries.
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.
