South Florida Injury Lawyer Blawg
Water parks can be a great way to spend hot summer days. Unfortunately, each year a number of individuals get injured at water parks. This is not surprising because Florida is home to over 15 major water parks and many smaller ones. If you or a loved one has been injured at a water park, it is important to seek the help of a qualified Miami injury attorney who can assess the merits of your case.
Amusement park injuries can happen in many ways, such as operator errors, waterslide accidents, slippery surfaces, mechanical failures, slide defects, poor maintenance, or inadequate supervision. Water park accidents can result in a variety of injuries like head trauma, skull fractures, leg fractures, broken bones, arm fractures, spinal cord injuries, and more.
According to the Consumer Product Safety Commission (CPSC), there were an estimated 3,626 injuries at United States water parks in 2012. It is important to note that neither water park operators nor other independent agencies are required to track water park injuries, so the actual number may be higher.
Water park operators have a legal duty to take adequate steps to make sure water parks are free from hazards. This includes the responsibility to ensure the rides are safe, maintained, and inspected regularly. Water parks must be staffed properly and hire enough lifeguards.
Depending on the circumstances of a water park accident, a number of parties may be liable for the harm, such as the water park owner, the ride or waterslide operator, and the ride or waterslide designer or manufacturer. Liability for water park injuries may fall under the following legal theories: negligence, premises liability, product liability, or a combination.
Each legal theory is complex, which is why speaking to an attorney about your case is vital to determining whether or not you have a viable claim. For example, a product liability claim requires establishing that the product (i.e., the waterslide) contained a defective design, had a manufacturing defect, or was insufficiently marked with warnings. It is not necessary to prove fault on the part of the manufacturer or seller. Instead, it is enough to show that the product was being used as intended and that the design or manufacturing of it was defective, which is what caused the victim’s harm. Essentially, there must be a correlation between the defectiveness of the product and the victim’s harm.
If you’ve been harmed at a water park, you will likely be able to recover damages such as medical bills, lost income, pain and suffering, and more. If you’ve lost a loved one at a water park, you may be able to recover wrongful death damages, such as medical bills incurred prior to death, funeral costs, loss of consortium, lost wages, and other damages.
At the Law Offices of Robert Dixon, our Miami premises liability attorneys can advise you of your legal rights and options. Our team is dedicated to holding negligent parties responsible for the harm they cause. We will work diligently to get you the compensation you deserve for your injuries. While we aim to settle every case, we are not afraid to vigorously advocate for you in the courtroom if necessary.We proudly represent clients across South Florida. To learn more, call us at 1-877-499-HURT (4878) or contact us online today.
More Blog Posts:
Medical Malpractice Standard Clarified by Florida Supreme Court, South Florida Injury Lawyer Blawg, October 21, 2015
Paralyzed Victims in Florida Accident Cases, South Florida Injury Lawyer Blawg, October 21, 2015
Florida Court Rules that Products Liability Case is Barred Due to Statute of Repose, South Florida Injury Lawyer Blawg, October 21, 2015