There will never be enough lifeguards at the water
park equipment to properly supervise a young child in a pool environment. A water park is
a fantastic family experience and you should be immediately present and
watching your children at all times. If you're pregnant you should not ride any
of the attractions. Check the safety signage at each ride or direct your
questions to the ride operator. Set up a designated meeting spot when you
arrive in case anyone gets lost. You and your children won't be carrying your
cell phones, so this is important.
If the injured person claims that he or she was hurt
because something malfunctioned, the operation of the attraction should be
checked as soon after the accident as possible by a responsible adult, as that
person may need to testify in court. If the injured person or the employee
reports that something broke, that part, broken or not, must be taken out of
operation and preserved. Often, a maintenance person will throw away a broken
part or may no longer be employed by the company by the time the lawsuit is
filed. If a defendant disposes of evidence without realizing that it may be
needed later, plaintiff lawyers’ can suggest to the jury that the defendant was
trying to hide the truth. And if the broken part is not your product and the
reason it broke is not your fault, your lawyer will need it for the case
against the manufacturer.
Use liability waivers. Although not enforceable in
some states and enforceable in limited circumstances in others, liability
waivers can be a useful tool, but they must be worded as clearly as possible.
Even in the states in which liability waivers are enforceable, a waiver is not
worth the paper it is printed on if it uses terminology that only lawyers can
understand. Many people do not know what a “release” or “waiver” is, or has
only a basic understanding of what they mean. Courts will determine whether the
average person would have been able to understand that, by signing the waiver,
he or she was giving up the right to sue. If your average employee does not
understand the language of the waiver, chances are that your customer did not
either, and a judge is likely to dismiss the waiver protection on those
grounds. Plain language and simple concepts are better.
Accidents happen, and with them often come lawsuits.
Most courts are fair to operators. While they may feel sympathy for an injured
person, they are less likely to decide a case against a recreational facility
if they believe that the facility took reasonable steps to avoid or reduce the
risk of injury. The average person recognizes that risk is part of life. To
that end, every water park, activity park and health club should take
reasonable steps to avoid customer injury and liability through training staff,
monitoring the facility and preserving evidence.
water park equipment from HAISAN