It’s barely summer and the weather gods are really bringing the heat. Here in Las Vegas, we’ve seen record temperatures on the regular recently and that has thousands heading to the local water parks.
Last summer the Valley saw several injuries at water parks, on slides and in wave pools. Cowabunga Bay in Henderson was cited for not having enough lifeguards on duty after a family filed suit when their 5-year-old son nearly drowned in the wave pool. There are hundreds of similar stories across the country.
What Sort of Claim Do I Have?
Each case has its own intricacies but the two most common types of claims for water park injuries are negligence and product liability.
If someone is injured because of the carelessness or inattention of a park employee then you most likely have a negligence claim. If this is the case, you (the plaintiff) will have to prove the law required the defendant to be reasonably careful, the defendant was careless and that carelessness is what caused you to be harmed.
The water park assumes responsibility of its employees, so if one worker is negligent you can sue the park for those actions. Examples of negligence include:
- giving insufficient instructions to slide riders
- failure to maintain equipment
- failure to inspect equipment
- no signs posted warning of any risks to riders
Occasionally a person is injured due to defective equipment. This would be a case of product liability. If the ride/slide design was flawed or a piece of equipment did not work as it should then you can sue the manufacturer.
You may think younger children are more at risk of water park injuries, but according to Saferparks.org, water slides are not designed for older people, putting them at a higher risk of injury. In fact, adult women are treated for water slide injuries more than any other age group.
If you think you’ve been a victim of negligence or any other injustice call our team of qualified personal injury attorneys today. H & P has the experience, knowledge and expertise to get you the money or justice you need.
Zachariah B. Parry is an attorney and founding partner at the law firm H & P and is an adjunct professor who teaches torts, contracts, and Nevada practice and procedure for UNLV’s paralegal program. He can be reached at 702-912-4451.
