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What Should I Do After a Water Park Injury in CA?
Suffering an injury as a result of someone else's negligent or reckless actions is incredibly distressing, traumatizing, and heartbreaking, especially when you were blindsided by a sudden accident. Most people go to a water park and anticipate having a fun, carefree day. The last thing they need is to end up injured to the extent that they require medical care and may also have to deal with filing a lawsuit.
If this happens to you, Morgan & Morgan is here to help. We want to make sure you're as educated as possible about all of the possible kinds of injuries and types of lawsuits you may have to become involved in, so you know what to do if you're ever in this unfortunate situation.
Morgan & Morgan handles all types of personal injury lawsuits, including water park accidents. If you're wondering what to do after a water park injury in California, we can help. Contact us today for a free case evaluation, and we can connect you with an experienced attorney in California who can help walk you through the next steps. Our experienced lawyers will ensure that your rights are protected, and if you get involved in a lawsuit, you will receive the compensation you're entitled to. Morgan & Morgan is here for you.
What to Do After Water Park Injury in CA
If you or a loved one suffered an injury at a water park, it's essential to take certain steps so you can make it as easy as possible to file a lawsuit if you decide to do so. You should consider taking the following steps:
Assess Your Injuries
First and foremost, you should assess your injuries. Are you injured to the extent that you need to be rushed to the hospital? If so, this is the most critical step you can take. You always want to make sure that you're safe and get the treatment you need, especially if it is required immediately.
File an Incident Report
Anytime you're injured in a water park, you should speak with a park employee. If possible, you should try to speak directly with the park manager or someone who has more authority than an employee who is there simply operating rides or selling food and drinks. Once you're able to speak with someone, tell them you'd like to file an incident report. This is similar to filing a police report. An incident report will include what happened and what injuries you suffered. If you have to be rushed to the hospital, it probably isn't possible to file an incident report right away. If you are at the water park with multiple family members or friends, it might be a good idea for one of them to stay behind and speak with a park employee or manager and report the incident. Otherwise, you may want to consider going back and doing it later once you have been treated and medically cleared to leave the hospital or the doctor’s office. If you’re wondering what to do after a water park injury in CA, you should definitely add this to the list.
It's always important to take photos. Did you slip and fall due to unsafe conditions at the park? Take a picture of where you fell and what caused you to fall. Did your child get injured at a water park because an employee negligently allowed them on a ride even though they weren't tall enough? Take a photo of any signage in the area regarding height restrictions.
Speak With Witnesses
Who was around when you suffered your injury? If there were witnesses, it's essential to speak with them and get their contact information so your lawyer can interview them when necessary. If your witnesses are friends and family members, just let them know that you'll need to give their names and phone numbers to your lawyer. When you’re trying to figure out what to do after a water park injury in CA, this should be high up on the list.
Consult With an Attorney
Anytime you suffer an injury at a water park, you should contact a lawyer. If you sustained injuries and had to take time off work, you're likely entitled to compensation. It's possible that you're entitled to damages for pain and suffering and other non-physical injuries as well.
Types of Lawsuits
The most common lawsuits that come from water park injuries are filed on the following basis:
- If you were injured at a water park because an employee made a mistake or there was an issue with a ride because it wasn't inspected properly, you'll likely file a lawsuit based on negligence. To successfully win a negligence lawsuit against a water park, you must prove the following in court:
- The defendant owed you a duty of care. If you are suing the water park owners, for example, you have to prove that they had a duty to keep you safe when you entered their water park.
- The defendant breached the duty of care. If you were injured on a ride because an employee wasn't adequately trained and made a mistake, this should be enough to show that the duty of care was breached. The water park owner has a duty to ensure that all of their employees are correctly trained and know how to operate all rides safely, and if this wasn’t done, the duty was breached.
- You suffered harm. In this case, you must prove that you actually suffered an injury of some kind. Did you break your arm? Hit your head? Suffer a concussion? Are you bleeding?
- The injury was caused by the defendant's breach. Finally, you must show that the injury you suffered was a result of the defendant's negligent actions. For example, it was caused because the employees were not properly trained.
Premises liability lawsuits are also based on negligence, though the elements that have to be proven are slightly different. If you’re wondering what to do after a water park injury in CA, and your attorney believes you should file a premises liability lawsuit, the following elements will have to be proven in order for you to be successful in court:
- The defendant owned, leased, occupied, or controlled the property;
- The defendant was negligent in the use or maintenance of the property;
- You suffered an injury or were harmed in some way; and
- The defendant's negligence played a substantial factor in your harm or injury.
If you're injured as a result of a park employee's negligence, you might still be able to hold the park owner or the property owner liable through vicarious liability. Generally speaking, California will allow you to hold an employer or property owner liable, even though they didn't directly cause your injury. This is through a legal doctrine called Respondeat Superior. In order for a water park owner or employer to be held liable for an employee's actions, the employee who created the negligent situation must have been acting within the ordinary scope of their employment. This means the employee must have been performing their duties in the way that the employer or property owner would reasonably have expected them to.
In California, a person who designs, manufactures, or sells a defective product can be held strictly liable. This means they can be held responsible even if they were not negligent in causing your injury. Strict liability can be imposed for the following types of product defects:
- Manufacturing Defects
- Design Defects
- Warning Defects
In order to be successful in a products liability case, you must prove the following in court:
- The defendant designed, manufactured, distributed, or sold a defective product;
- The product contained the defect when it left the defendant's possession;
- You, the plaintiff, used the product in a reasonably foreseeable manner; and
- You, the plaintiff, suffered harm as a result of the defect.