Avoid the Risk of Injury in Water Park

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 water park equipment 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 have 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.

Original from Vison Waterparks, for more details about water park construction, welcome to contact us: [email protected]

Gallery