Can I file claims if my child gets into an accident in a water park?

On Behalf of | Jun 3, 2024 | Premises Liability

A day at the water park is meant to be fun in the water, not a trip to the emergency room. However, accidents happen, and sometimes, wet surfaces make for slippery situations, especially for little ones.

If your children get injured due to the negligence of a water park and its staff, you may have grounds for a premises liability lawsuit. Still, before filing anything, it might be best to review what makes a premises liability lawsuit, and what you should be doing immediately after an injury incident.

What is premises liability?

Premises liability is a legal concept that holds property owners responsible for injuries that occur on their land due to unsafe conditions. According to Mississippi law, water parks must provide a reasonably safe environment for their guests. This means they should take steps to minimize slip and fall hazards, such as: 

  • Regularly cleaning up spills and debris
  • Posting warning signs in areas prone to wetness
  • Maintaining proper drainage to prevent puddles
  • Using non-slip surfaces around pools and walkways

Aside from providing a safe physical environment, water park staff are also required to have adequate training on handling emergencies, enforcing safety rules and providing assistance to park visitors.

What to do after an accident

If your child falls in an accident in the water park, here are some essential steps to take:

  • Seek medical attention: This is crucial. Get your child checked by a doctor to determine the extent of the injury and document it for any future claims.
  • Report the accident: Inform park staff about the accident and fill out an incident report.
  • Gather evidence: Take photos of the accident scene, including the slippery surface and any warning signs or lack thereof. If anyone witnessed the incident, get their contact information.
  • Consider legal options: Depending on the severity of the injury and the circumstances of the accident, you may want to consult with a personal injury professional to understand your rights and options. They may help determine if the water park failed in its duty to maintain a safe environment.

Mississippi operates under a “comparative negligence” system. This means that if you or your child is partially responsible for the accident, the court will reduce your compensation. For example, if your child was running in a marked “no running” zone, the court may assign a percentage of fault to you.

Water park injuries are never ideal. Nevertheless, understanding premises liability can empower you to act if your child gets hurt due to the park’s negligence. By prioritizing your child’s health, documenting the incident and consulting with a legal professional if needed, you may ensure a smoother path to recovery.

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