What Is the Water Park Injury Process in CA?

Sometimes, a fun and carefree outing to a CA water park can end up at the emergency room. However, if you get hurt due to a water park’s negligence, you could collect compensation for medical bills and other damages.

While personal injury law generally allows victims legal recourse, holding a large corporation or water park management company to account can involve complex legal issues. Let us handle the water park injury CA process. Morgan & Morgan’s dedicated personal injury lawyers know how to tackle challenging cases and can fight for what you deserve. Contact us today for a free consultation to determine whether you have a case.

Important Steps in the CA Water Park Injury Process

After suffering an injury at a water park, knowing the best course of action can be vital for protecting your rights to legal recourse and compensation. 

1. Medical Treatment

Your main priority will undoubtedly be your health or that of your loved one after an accident at a water park. Seeking medical advice as soon as possible can protect you from any undiagnosed injuries such as traumatic brain injury (TBI). According to the Mayo Clinic, TBI may not show any symptoms until days or even weeks after the injury occurred. 

A medical provider can also document your injuries and treatments in detail, providing you with a medical report which can be essential for holding the responsible party to account. 

2. Report the Accident 

Alert water park staff and fill in an accident report, no matter how minor your injuries may seem at first. By completing a report, you are protecting yourself in case your injuries turn out to be more serious in due course. Remember to get a copy of the report for your own records before you leave the premises. 

3. Document the Accident and Injuries 

Document everything to do with the accident, even if it seems trivial. Make sure to collect the names and contact details of any eyewitnesses, including water park staff. If you can, take pictures of the accident scene and any defects or maintenance issues that may have contributed to your accident. 

Lastly, collect every receipt of your expenses connected to the accident injury, which can include:

• Medical bills
• Transport costs
• Costs for medical devices
• Costs for medications
• Wage stubs to show any lost income

4. Do Not Discuss Your Accident with Anyone

Unfortunately, whatever you say at the accident scene and later on could potentially be used against you. For example, you may be tempted to apologize at the accident scene, which could be misinterpreted as admitting fault for your injuries. Protect your legal rights by remaining calm and only communicating the necessary to water park staff and management.  

Under no circumstances should accident victims post any details of the incident to social media. It is also advisable to decline giving statements, recorded or verbal, to the water park’s insurance company until you have discussed the incident with an attorney. 

5. Call a Personal Injury Attorney

When you or a loved one got seriously hurt at a water park, you need to know your options. Since claims against corporations can be challenging, consider speaking to one of our experienced personal injury attorneys who can help you navigate the legal process and leave no stone unturned in fighting for the best possible outcome of your case. 

The Legal Water Park Injury Process in CA

As per California Civil Code § 1714, victims can pursue damages if they have been hurt due to the negligence or willful conduct of another. The legal process for victims seeking damages after a water park injury typically begins with a demand letter. Before going one step further and filing an actual lawsuit, your lawyer will most likely try to secure an out-of-court settlement with the water park’s insurance company.  

The Demand Letter

A demand letter can include the following information:

• The circumstances and facts of the accident 
• The nature and extent of any injuries suffered
• Reasons why the water park is liable
• Details and costs of medical treatment
• Details of income losses and other monetary damages
• Details of any non-economic damages such as pain and suffering 
• A suggested settlement figure

Once your attorney sends out a demand letter and both sides reach an agreement, a lawsuit can be avoided. Out-of-court settlements are generally quicker, offer a guaranteed settlement, and are generally much less costly than taking a case through the court system.

Filing a Personal Injury Lawsuit

If negotiations for an out-of-court settlement are unsuccessful, the injured individual and their attorney will typically go ahead and file suit. The attorney will begin legal proceedings by filing a summons notifying the water park that they are being sued. Next, the attorney will file the official complaint, which generally includes:

• Details of the accident and injury
• Details regarding the water park’s negligence and liability
• The amount sought in damages

It is important to note that most personal injury cases are resolved with a settlement before trial. However, in some cases, especially when a lot of money is at stake, a trial may be unavoidable. 

The Time for Filing a Water Park Injury Lawsuit Is Limited in CA

Those injured at a water park should know that they do not have an unlimited amount of time for filing a lawsuit and recovering damages. According to the California Code of Civil Procedure § 335.1, individuals generally have only two years to file suit for a personal injury. If you miss the deadline, you may lose the right to recover compensation. The clock starts ticking from the moment you or your loved one suffers a water park injury. Discussing your case with a personal injury attorney as soon as possible can prevent you from missing the deadline to file suit. 

Accidents and Injuries in CA Water Parks

Accidents in waterparks can happen due to slippery surfaces, overcrowding, defective equipment, and a multitude of other reasons. Although water parks generally employ lifeguards, staff could be overwhelmed due to overcrowding of the facility. In some cases, lifeguards may lack the qualifications or training required to assist effectively in emergencies.  

Water Park Injuries

Slips and falls, diving into the shallow end of the pool, and getting pulled underwater, are just some examples of accidents that can cause severe injuries. Some of the injuries seen at water parks can include:

• Broken or dislocated bones
• Traumatic brain injury and other head injuries
• Spinal cord damage and paralysis
• Lacerations
• Torn ligaments and other soft-tissue injuries
• Bacterial infections

Some of the individuals hurt at water parks suffer lifelong devastating consequences such as a permanent disability. 

Near-Drowning and Drowning Accidents

The potential for drowning accidents can be a concern at water parks despite the presence of lifeguards. Figures from the National Safety Council (NSC) show that around ten individuals die each day due to drowning in the US. In crowded swimming areas and on slides, children can get knocked out easily and experience a frightening near-drowning event. Lack of oxygen in a near-drowning can cause permanent brain damage.

Water park injuries can change lives and devastate families, particularly when a victim suffers fatal or permanent injuries. However, victims and their families could be entitled to compensation for their expenses and suffering. If you or a loved one experienced the tragic consequences of a water park accident, a seasoned attorney at Morgan & Morgan can determine your next best steps for getting justice. 

The Water Park Could Be Responsible for Your Injury

Sometimes, we get injured due to our own inattention or carelessness. However, at other times, a water park’s staff, management, or owner could be responsible for an injury. If your injury happened due to no fault of your own, you could potentially sue the water park. Negligent reasons for water park accidents can include: 

• Damaged or defective water park equipment
• Overcrowding of the slides and rides
• Lifeguard inattention or error
• Lack of warnings regarding hazards
• Insufficient number of lifeguards 
• Lack of weight and height restriction enforcement for rides
• Poor maintenance of the pools and equipment 

If you or your child got hurt due to a CA water park’s negligence, the park could be responsible for your damages and injuries.