Waterpark Accidents: Who is Liable?

Waterparks are some of the best recreational spaces, especially during summer where people will look for ways to cool off. Unfortunately, accidents can happen in waterparks, and because the season makes people go to waterparks these days, these accidents can be particularly troubling.

According to the website of Brunkenhoefer P.C., those who have been hurt in waterparks may have legal options. That is good to know. But who is liable on waterpark accidents anyway?

Waterpark Owner

There is a legal concept known as premises liability. This makes property owners liable for accidents and injuries that occur in their premises. This, of course, includes waterpark owners.

If the waterpark owner’s action or inaction has caused the dangerous condition that has led to the accident and injury, it may be held accountable, especially if negligence or recklessness has been involved.

Some examples include waterpark owners who have failed to enforce safety rules and regulations, maintain the place to avoid defects and malfunctions, and hire sufficient and competent personnel like lifeguards and security guards.

Waterpark Employee

There are also instances where a waterpark employee is the one at fault, and not the waterpark owner. This is an important distinction in liability. This distinction is characterized by a waterpark employee’s malicious actions, like when the employee intentionally pushes you to make you slip, fall, and break your arm.

Action or inaction that results into the employee’s failure to do its job properly is still often in the scope of the waterpark owner’s responsibility, so you cannot sue a particular employee if it has done a mistake on its job.

Waterpark Customer

It is important to note that, if you have been involved in an accident, it doesn’t necessarily mean that it is another person’s fault. There are times where waterpark customers themselves cause accidents, especially on instances where they intentionally do reckless behaviors.

One of the most reckless behaviors a waterpark customer can do is horseplay in slides.