Water parks are a popular destination for families and thrill-seekers, offering a fun way to cool off during the hot summer months. However, amusement park accidents can and do happen, sometimes resulting in serious injuries. When such incidents occur, understanding who is liable is essential for the victims who are seeking compensation.

We delve into the legal aspects of water park accidents in New Jersey, exploring the responsibilities of park operators, the rights of injured parties, and the steps to take if you or a loved one is harmed in the following blog article.

Common Causes of Water Park Accidents

Accidents at water parks can arise from various factors, including:

• Slip and Falls: Wet surfaces are inherent in water parks, but inadequate maintenance can lead to dangerously slippery areas.
• Ride Malfunctions: Improperly maintained or operated rides can cause injuries.
• Inadequate Supervision: Lack of sufficient lifeguards or poorly trained staff can result in delayed responses to emergencies.
• Obstacles and Debris: Foreign objects in pools or on walkways can cause trips and falls.
• Chemical Exposure: Improperly balanced pool chemicals can lead to skin irritations or respiratory issues.

Legal Framework: Premises Liability in New Jersey

In New Jersey, water parks fall under the purview of premises liability law, which holds property owners and operators responsible for maintaining a safe environment for visitors. Key aspects include:

• Duty of Care: Park operators owe a high duty of care to their patrons, requiring regular inspections and prompt repairs of hazards. The law evaluates this duty based on what a "reasonable" operator would have done under similar circumstances.
• Breach of Duty: Failure to address known dangers or to warn visitors can constitute negligence.
• Causation and Damages: Victims must prove that the park's negligence directly caused their injuries and resulted in damages, such as medical expenses or lost wages.

Reporting Requirements

New Jersey law mandates that individuals injured at amusement parks, including water parks, report the incident in writing to the park operator within 90 days. This report should detail the circumstances of the accident and is a prerequisite for filing a lawsuit. Failure to provide this written notice may not completely bar a claim, but it can complicate the legal process and be used by the defense to challenge the case.

Statute of Limitations

Victims have a limited window to file a personal injury lawsuit. In New Jersey, the statute of limitations for such cases is typically two years from the date of the incident. Failing to file within this period can bar the claim entirely, regardless of the evidence or severity of the injury.

Potential Defendants

Determining liability isn’t always black and white, especially when multiple parties are involved and may be responsible:

• Park Owners/Operators: For failing to maintain safe conditions.
• Equipment Manufacturers: If a ride or attraction was defectively designed or manufactured.
• Maintenance Contractors: If third-party companies were responsible for upkeep and failed in their duties.
• Staff Members: In cases where employee negligence contributed to the incident.

Comparative Negligence

New Jersey follows a comparative negligence rule. This means that if a victim is partially at fault for their injury, their compensation may be reduced proportionally. For instance, if a visitor ignored safety warnings, they might bear some responsibility. However, as long as the injured party is not more than 50% at fault, they can still recover a reduced portion of the damages.

Steps to Take After an Accident

If you're injured at a water park:

1. Seek Medical Attention: Your health is the priority.
2. Report the Incident: Notify park management and ensure an incident report is filed.
3. Document Everything: Take photos of the scene, your injuries, and gather contact information from witnesses.
4. Preserve Evidence: Keep any relevant items, such as tickets or receipts.
5. Consult an Attorney: Legal guidance can help navigate the complexities of premises liability claims.
6. Avoid Speaking to Insurers Without Legal Advice: Insurance adjusters may contact you for a statement. It's best to speak with a lawyer before providing any details, as your comments could affect your claim.

Call Brandon J. Broderick For Legal Help

Navigating the aftermath of a water park injury can be overwhelming. At Brandon J. Broderick, Attorney at Law, we are committed to helping victims understand their rights and pursue the compensation they deserve. Our experienced team will evaluate your case, gather necessary evidence, and advocate on your behalf.

If you or a loved one has been injured at a New Jersey water park, don't hesitate to reach out. Contact us today for a free consultation.