Who doesn’t love a visit to a good water park? Water parks are an exciting place to be, whether you are an adult or a child. However, it is of utmost importance that you are familiar with the jargon of water parks when it comes to safety and security. In Kansas City, water parks are required to strictly comply with state rules, regulations, and restriction limits that are in place for the safety of the guests and visitors. Delve into the aftermath of a water park accident in Kansas City, including causes, injuries, and how to pursue a water park lawsuit for compensation with our experienced injury lawyers at Royce Injury!
Root Causes of Water Park Accidents
A study conducted by the National Library of Medicine observed that the injuries usually sustained in water parks are water slide injuries (31.5%), pool injuries (21.9%), slip and fall (46.6%), spinal cord trauma (20.5%), head injuries (21.9%), maxillofacial trauma (20.5%) and other kinds of injuries (41%). The water park injuries are sustained majorly due to;
Lack of proper training of lifeguards: Lifeguards in water parks tend to human error. Lack of proper training and supervision also contributes to inexperience.
Equipment failure: Rides of water parks need regular maintenance due to erosion problems that can lead to equipment failure; and consequently, to accidents.
Inadequate safety measures: Warning signs, age disclaimer, adequate number of lifeguard support, personal floating devices installation, trained staff, regular equipment maintenance, etc are compulsory safety measures that must be employed by the management of the water parks. Ignoring these safety measures is a leading cause of injury at water parks.
Types of Water Park Accidents
Water park accidents may be generally classified into two categories i.e. minor and major. Injuries from both categories also vary depending on the circumstances leading to the accident. A minor accident may be classified as a slip, trip, and fall on a wet pool surface which may result in various injuries ranging from minor bruising to serious fractures. Whereas a major accident may be one involving a near-drowning or drowning incident. Water parks are also a prominent source of spreading skin diseases such as infections & rashes due to the use of chemicals in cleaning water used in the water park. Generally, the worst water park accidents are caused due to unsupervised activities and overcrowding leading to accidents. Proper signage and instructions must be displayed at prominent places to avoid such accidents.
Injuries Resulting from Water Park Accidents
Water park-related injuries may have potentially lifelong effects which may impact the life of the injured person. Possible long-term impacts of a water park accident are as follows:
- Physical trauma resulting from slips and trips may lead to internal injuries, swelling, and fractures.
- Water slide injuries
- Pool injuries
- Spinal cord injuries
- Head injuries
- Maxillofacial trauma
- Traumatic brain injuries
- Amputation
- Other minor injuries
In Kansas City, following the tragic incident at Schlitterbahn Water Park, water park accident deaths have become less frequent by steps taken by the Missouri Department of Health and Senior Services regarding improvement in recreational water safety laws in Missouri. Despite these laws in place, injuries are, unfortunately, likely to happen.
Understanding Potential Damages
To understand the potential damages, we first have to know the Kansas City regulations 124-1 and 35-2 that came into effect in 2017. The two regulations impose annual inspection compliance duty on amusement parks. The inspection must be carried out by a national board-certified inspector, a certified engineer with two years of expertise in water park inspection, or someone who has five years of inspection experience in water parks. It is essential to have this knowledge as it helps the victims to establish liability of the water park management in injury cases and damages claims. A victim of a water park injury can claim:
- Wage loss, medical expenses, compensation for reduced earning capacity, compensation for future implications of injury, psychological treatment
- Damages for pain and suffering
- Punitive damages
The regulations mentioned earlier are in place to avoid water park accidents in Kansas City similar to the Schlitterbahn Water Park accident.
Legal Avenues for Water Park Accident Victims
Compensation claims can be brought against them;
- Operators: The claim of negligence can be made against operators who lack the relevant experience or fail to employ the safety measures in place for the guests.
- Water park management: The claim of premises liability can be brought against the water park management and the owner(s) of the water parks, for failing to comply with the state regulations that are in place for the safety of the visitors.
- State agencies: Government/state agencies can also be sued for their failure to ensure that compliance with the state regulations is adequately met by the water parks.
- Manufacturers: The claims of product liability can be brought against the manufacturers of water park equipment and rides, who failed to meet the minimum threshold of safety compliance rules required to avoid any accident in water parks when manufacturing the equipment used in the water parks.
Action Plan for Claiming Compensation
The highest compensation awarded in the Kansas City water park death has been $20 million to the family of Caleb Schwab. If you or your loved one(s) have suffered water park injuries, it is crucial to have a concise legal action plan to get the compensation you deserve. In addition to gathering relevant evidence, it is important to consult an injury water park injury attorney. The seasoned attorneys help you negotiate favorable out-of-court settlements with the liable parties. If the negotiations fail, you can bring a damages claim in the civil court with the legal assistance of your accident lawyer.
Conclusion
Handling water park accident damages claims can be challenging if you are not familiar with your post-accident rights, the forum of legal actions, establishing responsible parties, and the compensation you should be claiming. If you have been in a Kansas water park accident, consulting our water park injury lawyers can provide you with helpful insights on where and how to begin your journey toward winning the compensation you deserve!
- How to Calculate the Average Personal Injury Settlement Amount - 1st April 2024
- Is Carpal Tunnel Covered by Workers’ Comp? - 25th March 2024
- Guide to Occupational Disease Workers’ Compensation - 18th March 2024