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fall at waterpark

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td225

Guest
What is the name of your state? Ohioundefined
My son fell down some steps at a waterpark while carrying a large innertube. The stairs obviosuly were wet and he was unable to hold on to the railing since he had to carry the tube which was needed to ride the attraction. He hurt his elbow and we took him to the first aid station. The treated him with ice and a splint and gave me the option of calling an ambulance. I declined and took him to the doctor on my own. He has a fractured arm and requires surgery to set the bone. Does the water park bear any responsibility? Thanks
 


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td225

Guest
I don't believe I said that. And if you're refering to the large signs that say Slippery when Wet., yes we saw those. I most have missed the one that said, carrying a large inner tube and walking down steps could hurt you. Of course at five he doesn't read much yet
 

bisto

Member
You should teach your kid the importance of always holding a handrail. If he could not safely use the ride, you should have helped him.
But the park obviously had signs posted and if you and your son did not read them that's your fault.
 
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td225

Guest
I wasn't with him. The only requirement to ride the ride was to be 48 inches tall. He is and so was the tube he was required to carry. He could not hold on the hand rail and the tube at the same time.
 

I AM ALWAYS LIABLE

Senior Member
My response:

There is no liability. You weren't with the child, and you knew that he was within a "wet" environment. People slip and fall in wet environments.

Never, ever, let your child go there again, and never let your child near a body of water; e.g., a swimming pool. He might slip and fall. Either that, or have your child always wear a helmet, elbow pads and knee pads.

IAAL
 
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bisto

Member
Then you should have been with him. Who was responsible for your son at the time.
Did the water park sign a contract with you saying they would be held liable for your son?
Maybe on your ticket you bought there may be something stating that the water park cannot be held liable for any accidents or injuries.

I would not go back to that park that treats kids like this.
 
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td225

Guest
thanks for the advice. I'll make sure to wrap him in Bubble wrap next ime.
 

bisto

Member
Really, if I was you I would try and sue the hell out of the water park. Sounds like you have a solid case.
 
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td225

Guest
Right now we're waiting to hear from the water park. And before the bad boys start attacking. He did not fall becasue of wet steps. It was a poor design planning, large inner tubes, small children and steep steps will cause falls. Since the ride did not require an adult escort or supervision how can it be my fault?
 

I AM ALWAYS LIABLE

Senior Member
td225 said:
Right now we're waiting to hear from the water park. And before the bad boys start attacking. He did not fall becasue of wet steps. It was a poor design planning, large inner tubes, small children and steep steps will cause falls. Since the ride did not require an adult escort or supervision how can it be my fault?

My response:

Another parent who's about the learn the law . . . The hard way.

IAAL
 

Shay-Pari'e

Senior Member
td225 said:
thanks for the advice. I'll make sure to wrap him in Bubble wrap next ime.
Let me give you some insight. Your son falling on steps, carrying his tube is an accident. The "Water World" park in Concord Ca, was liable for the whole slide system breaking apart when a group of Seniors,(High School), was on it. One dead, and dozens injured. I got to see that one. My kids have tripped all over water parks while running and playing.

You have no case. But you certainly have the right to sue them and figure that out for yourself.
 
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td225

Guest
If the hard way is seeing your child suffer a compound fracture, go through surgury and spend the rest of the summer on the sidelines. Guess I learned my lesson. Maybe my complaining and seeking legal action will insure they correct the problem. So another mother won't find out the hard way,
 

rmet4nzkx

Senior Member
Don't innertubes have big holes in them?
One hand on the handrail, one hand holding the innertube,
or one arm through the innertube and the hand on the hand rail
or if the two handrails are close enough together, one hand on the hand rail, other arm through the innertube and then on the hand rail,
or one or two hands on the handrail and the innertube hung over the head so they can still see, how thick in the innertube?
If the innertube is too big then it is not a safe ride for your son.
How many remember when they used innertubes for tires rather than waterparks?
Of course we didn't have water parks then either, we mucked around in the mud by a stream, creek or river and there were no handrails!.
A water park was a public swimming pool that also had a wading pool!
 
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