Can I Sue for a Waterpark Injury?
It’s summer in Arkansas, which means it’s time to load up the family and head to Magic Springs, Parrot Island, Rogers Aquatic Center, or one of the many other waterparks in the state to cool off.
No trip to Magic Springs or Parrot Island Waterpark is complete without a bathing suit, sunblock and a great big dose of family fun. Your family’s time spent at one of Arkansas’s more than twelve splash pads and waterparks should recall nothing but great memories.
However, what happens when that day for making summer memories turns into a frightful day your family can never forget? We all know accidents can and do happen when least expected. Waterparks and splash pads are certainly no exception.
Common Waterpark Injuries
Two of the most common injuries at waterparks are slip and falls and head injuries. Slip and falls are in the top 3 leading causes of non-fatal injuries in the United States.
A slip and fall can happen anywhere throughout a waterpark. For instance, simply stepping into the Parrot Island Wave Pool or standing in line for a snack at Wild River Country could lead to a waterpark injury.
Common slips and falls at waterparks happen for a number of reasons, including:
- Missing or moved safety rugs and mats.
- Wet and dangerous areas unmarked by cones and/or warning signs.
- Poor lighting on walkways or in changing areas.
- Algae on steps and walkways.
The other most common waterpark injuries are head injuries. These waterpark injuries are most often caused by water slides. From 1983 to today, water slides have remained the most reported source of waterpark injuries.
I’ve Suffered a Waterpark Injury. What Should I Do?
In Arkansas, you can sue for a premises liability claim. In this instance, you were at a waterpark, owned by someone else, when you were injured.
However, there are two factors that must be taken into account when you choose to pursue a lawsuit. These include:
- Arkansas’s statute of limitations
- Comparative negligence
A statute of limitations is a time period in which you are able to sue. In Arkansas, this time period is three years from the date of your injury.
Should you have damages and file your lawsuit within the set timeframe under Arkansas law, then your next legal issue is the possibility of comparative negligence. This simply means whether or not you shared in any responsibility for your injuries.
In order to recover for personal injuries, you will need to prove that the property owner could have prevented your accident by taking reasonable safety precautions. You also need to prove that you were less negligent than the property owner for your injuries.
If you are found to have “shared fault,” but your fault is less than the premises owner, you may recover damages. However, if you are at a fifty-percent or greater fault than the premises owner, you may not recover damages.
Tips to Keep Your Family Safe this Summer
Here are some safety tips for your next trip to Magic Springs or Parrot Island Waterpark, Rogers Aquatic Center, or Wild River Country in the great state of Arkansas:
- Hold onto railings.
- Use rugs and mats where available.
- Don’t walk around safety cones.
- Look for hazards in walkways.
- Stay in areas zoned for customers.
- Watch for algae on steps and sidewalks.
- Stay away from poorly lit areas.
- Teach children to swim.
- Always supervise children.
- Require life jackets.
- Swim where there are lifeguards.
Contact a Trusted Personal Injury Attorney for Help Today
The statute of limitations and comparative negligence are only two of the many legal issues surrounding premises liability. That is why it is so important to see experienced attorneys right away who specialize in amusement park accidents.
It is important to contact an Arkansas waterpark injury attorney like Alan LeVar, who has over 17 years as a skilled investigator and specializes in amusement park accidents.
If you’ve suffered a waterpark injury, contact Alan LeVar and his team. Let Mr. LeVar work to ensure you receive the compensation you deserve. Here’s to wishing you and your family a fun and safe summer!