We have been enjoying some really good weather lately and a popular, fun way to cool down is at a water park. We have a number of indoor and outdoor water parks in the UK and they also often feature in families’ plans during holidays abroad. Water park owners and operators have a duty of care to keep you safe and must take reasonable measures to prevent accidents and injuries.
Claims can arise for a number of reasons and common causes of injuries are:
- Slips, trips and falls due to poorly maintained paths, slippery surfaces or a lack of barriers or warning signs
- Drowning or near-drowning incidents due to inadequate signage regarding depth of water or not having a trained lifeguard on duty
- Faulty equipment or ride malfunctions leading to falls, collisions or sudden jolts
- Inadequate supervision on water slides and rides, leading to collisions or incorrect use of the slides
- Faulty safety features
- Electrical accidents due to faulty wiring or equipment
- Errors from ride operators leading to collisions
- Failure to enforce height or weight restrictions.
- Chemical burns or friction burns
Can I claim if I’m injured in a water park accident abroad?
If you have been injured in a water park accident while on holiday abroad, you may still be entitled to claim compensation. We will speak with you to take instructions and ascertain whether your holiday and the trip in question was booked as part of a package holiday. If it was not, your claim could be against the water park operator in the foreign country, in which case the law and limitation rules may vary depending on which country your accident took place in and you may need a foreign solicitor to act.
What should I do if I or a family member has an accident at a water park?
If you or a family member have been involved in an accident at a water park and suffered an injury, we advise you to record as much as evidence as possible which would include:
- Taking photos of the area where the accident occurred or of the hazard that caused it.
- Take photos of any physical injuries.
- Note the names and contact details of any witnesses that saw the accident.
- Report the accident to the park operator and make sure they fill out an accident report form. Ask for a copy of the report and ensure it correctly includes all factual details about the incident.
- Ask for any CCTV footage of the accident to be retained.
- Seek medical attention, keeping evidence of this and any money you have had to spend as a result of the accident.
How long do I have to bring a claim?
You generally have three years to make a personal injury claim if you’ve suffered an injury due to negligence at a water park. This time limit begins on the accident date. If a child is injured, they have until three years from the date of their 18th birthday to bring a claim. These periods may vary if the accident occurred abroad or on a cruise ship. However, we advise that you seek legal advice as soon as possible while the evidence, such as CCTV, is still fresh and available.
If you are thinking of making a claim, contact our New Business Advisors on 0161 696 6235 to allow us to take instructions and advise you further.
Blog author: Donna Wilkes
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