Doctor bandaging a boy's head with trauma in his head and elastic bandaged around his head - water park premises liability attorney Todd C. Passman

Making Waves: Navigating the Murky Waters of Water Park Liability in Florida

On a sweltering summer day, nothing beats the allure of a water park. Riding an inner tube on a lazy river meandering through a lush landscape and racing down a tall slide into a splash zone offer cool relief for local visitors and tourists alike. But water parks, along with the promise of fun and a respite from the heat, are sometimes the site of accidents and injuries that can impact your life. As water parks push the boundaries of excitement, they also test the limits of liability law, creating a perfect storm of potential legal challenges. If you’ve been injured at a water park, Todd C. Passman is an experienced water park premises liability attorney who is ready and able to go to trial to achieve the best possible result for you.

Where Fun Meets Liability

One of the most common accidents in Florida water parks involves slip and fall incidents. The combination of water and smooth surfaces creates an environment ripe for falls and injury. Visitors rushing between attractions or navigating crowded walkways can quickly lose their footing, resulting in injuries ranging from minor scrapes to more severe sprains or fractures. It’s important to remember that under Florida law, park operators have a duty to maintain their property reasonably safe and warn visitors of known dangers. This knowledge can empower you in your legal journey.

Ride Safety

Another significant category of accidents occurs on the rides themselves. While these incidents are rare, they tend to be more severe and garner media attention. In recent years, Florida has seen its share of headline-making water park accidents. Only recently, a young teen accidentally drowned at an Orlando water park.

Wave pools, often seen as a more benign attraction, have also been the site of accidents. The powerful waves generated in these pools can easily overwhelm inexperienced swimmers or young children, leading to near-drowning incidents or worse.

How Water Park Accidents Often Happen

While accidents can sometimes be chalked up to simple bad luck, many water park incidents in Florida can be traced back to specific contributing factors. One major factor is the sheer volume of visitors Florida water parks receive. With millions of guests passing through their gates each year, the law of averages suggests that accidents are almost inevitable. Crowded conditions can lead to pushing, shoving, and general chaos, increasing the likelihood of accidents.

When accidents occur, proving negligence is often at the heart of liability claims against water parks. Plaintiffs must demonstrate that the park failed to exercise reasonable care and that this failure directly caused their injuries. This can be a high bar to clear, especially given the assumption of risk that comes with participating in water-based activities.

Maintenance issues can contribute to some accidents. Water parks are complex operations with numerous mechanical systems that require constant upkeep. The results can be disastrous when maintenance falls short due to budget constraints or oversight.

Human error on the part of park staff can contribute to accidents happening. Ride operators who are inadequately trained or distracted can fail to enforce safety rules or respond quickly to emergencies.

And finally, ride manufacturers often don’t escape the liability net. In cases where equipment failure leads to injuries, the park and the manufacturer may find themselves on the receiving end of a lawsuit. This shared liability can lead to complex legal battles, with each party trying to shift blame to the other.

Signing a Park Waiver of Liability

Liability waivers are a common sight at Florida water parks, often presented to visitors as a condition of entry. These documents typically ask guests to acknowledge the inherent risks of water park activities and waive their right to sue for specific injuries.

While Florida courts generally recognize the validity of well-drafted waivers, they’re not an impenetrable shield against liability. Courts have examined these documents closely, particularly in cases involving minors or allegations of gross negligence. A poorly worded or overly broad waiver may be deemed unenforceable.

Tell Us What Happened. We Can Help.

If you, a family member or a friend have been injured at a water park, you need an attorney with knowledge and experience in the legal complexities of water park premises liability cases.  The team at the Law Office of Todd C. Passman are who you want by your side. Please call Todd at (772) 465-9806 or fill out the contact form on this page. Someone from our office will contact you right away.