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fall at waterpark

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I AM ALWAYS LIABLE

Senior Member
td225 said:
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,


My response:

Ma'am, we're not discussing the severity of your child's injuries. You may think it's pertinent, but it's not to us. That's because the law, as you'll find out, will require you to show why you weren't there holding a 5 year old's hand while walking up a flight of stairs. The law will also require to you prove that the stairs (the steps and risers) were not within "code", and how they were defective - - and whether such defect, if any even existed, was a cause, or the proximate cause, of your child's slip, fall and injuries - - and not you for failing to be there. At the very least, if not all, you'll have a large percentage of "fault" in this matter, too.

You see, you have a tall legal staircase to climb yourself.

IAAL
 


Shay-Pari'e

Senior Member
td225 said:
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,
Let's try this again. My son fractured his wrist and thumb falling off his bike, (True story). He had surgery 8 weeks after the cast because one of the fractures involved his growth plate. He was pulled from football and sat on the sidelines. Do you think I should sue the bike company? Should I sue the city because he ran over a rock on the green belt?

Kids break bones lady, your son is no more special than mine or any other parent.

If you were that great with your parenting skills, someone should have been with the "5" yr. old on the steps, and on the ride.
 
T

td225

Guest
For those of us unfamiliar with water parks. The inner tubes are quite large. They can hold the weight of a 250 pound man or a four foot child. It would be impossible for most children between 52"-48" to carry an inner tube this size without using both hands. I have been to other water parks in Ohio most use a machine to carry the inner tubes from the end of the ride to the beginning. I believe they do this to prevent accidents. He went on the ride with a 13 and 10 year old sibling. They carried their own inner tubes. Only a large adult could carry more than one tube. The ride is designed for childen over 48 inches and persons weighing less then 250 pounds. Four foot tall children and 250 pound adults usually don't have a lot in common. Even if I went along on the ride I would not have been able to carry both inner tubes and hold my child's hand. I know accidents happen... This accident was and is preventable. Install equipment to carry the tubes, change height requirements or reroute the path to get rid on unnecessary stairs.
 

Shay-Pari'e

Senior Member
td225 said:
For those of us unfamiliar with water parks. The inner tubes are quite large. They can hold the weight of a 250 pound man or a four foot child. It would be impossible for most children between 52"-48" to carry an inner tube this size without using both hands. I have been to other water parks in Ohio most use a machine to carry the inner tubes from the end of the ride to the beginning. I believe they do this to prevent accidents. He went on the ride with a 13 and 10 year old sibling. They carried their own inner tubes. Only a large adult could carry more than one tube. The ride is designed for childen over 48 inches and persons weighing less then 250 pounds. Four foot tall children and 250 pound adults usually don't have a lot in common. Even if I went along on the ride I would not have been able to carry both inner tubes and hold my child's hand. I know accidents happen... This accident was and is preventable. Install equipment to carry the tubes, change height requirements or reroute the path to get rid on unnecessary stairs.

"Beating A Dead Horse"

1. Most of us are familiar with water parks.

2. Then you should have been there carrying your son's tube, like most parents would.
 
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You Are Guilty

Senior Member
td225 said:
For those of us unfamiliar with water parks. The inner tubes are quite large. They can hold the weight of a 250 pound man or a four foot child. It would be impossible for most children between 52"-48" to carry an inner tube this size without using both hands. I have been to other water parks in Ohio most use a machine to carry the inner tubes from the end of the ride to the beginning. I believe they do this to prevent accidents. He went on the ride with a 13 and 10 year old sibling. They carried their own inner tubes. Only a large adult could carry more than one tube. The ride is designed for childen over 48 inches and persons weighing less then 250 pounds. Four foot tall children and 250 pound adults usually don't have a lot in common. Even if I went along on the ride I would not have been able to carry both inner tubes and hold my child's hand. I know accidents happen... This accident was and is preventable. Install equipment to carry the tubes, change height requirements or reroute the path to get rid on unnecessary stairs.
Why stop there? I think they should also remove all the water too, this way nothing would ever get slippery. And maybe hire big, beefy guys to carry everyone around to avoid the dangers of tripping on the (now) dry ground. Hmmm... Maybe even install those blue mats from 8th grade gym class everywhere just to be on the safe side.
 

I AM ALWAYS LIABLE

Senior Member
You Are Guilty said:
Why stop there? I think they should also remove all the water too, this way nothing would ever get slippery. And maybe hire big, beefy guys to carry everyone around to avoid the dangers of tripping on the (now) dry ground. Hmmm... Maybe even install those blue mats from 8th grade gym class everywhere just to be on the safe side.


My response:

Oh, boloney!

I also say, "why stop there?" and let's take it even further - - Just hire some big beefy guys to carry the kids to the top of the ride, and then just toss them down! Hey, the "ride" would still be exciting "on the way down" - - albeit, it would be that kid's ONLY ride.

IAAL
 

rmet4nzkx

Senior Member
If one reads the headlines, one knows that "water Parks" while a lot of fun can also be a place of injury, drowning, head and body injuries, slip and fall, cuts and e-coli are all possibilities. Small children need close supervision whether they are in the bath tub or at the water park, it is common sense. This doesn't keep tragedies from occuring, nor does age create more safety as witnessed by the fact that many accitents involve teenagers pushing the limits:

Here are the first two pages from a search of "water park" "tragedy"

Correspondents Report - Water park tragedy adds to anxiety amongst Muscovites. Correspondents Report - Sunday, 22 February , 2004. Reporter: Eric Campbell. ...http://www.abc.net.au/correspondents/content/2004/s1050307.htm

Moscow Mayor Blames Water Park Tragedy on Faulty Design - Created: 06.04.2004 20:30 MSK (GMT +3), Updated: 15:14 MSK. MosNews. ...
http://www.mosnews.com/news/2004/04/06/waterpark2.shtml

Victims of Water Park Tragedy Go to Court - Six victims’ relatives in the water park tragedy have found a defendant for their compensation claims. ...
http://www.mosnews.com/news/2004/03/09/transvaal.shtml

Pravda.RU Aquapark death toll reaches 27
Death toll of the Transvaal water park tragedy in southwestern Moscow has reached 27, spokesmen for the Sklifosovsky First-Aid Institute reported. ...
http://newsfromrussia.com/accidents/2004/02/21/52445.html

Pravda.RU 46 injured in metro terrorist act, 53 in water park ...
... Pravda.RU:Accidents:More in detail, 11:07 2004-02-20 46 injured in metro terrorist act, 53 in water park tragedy still in hospitals. ...
http://newsfromrussia.com/accidents/2004/02/20/52412.html

Article - 12 people unaccounted for in water park collapse - people remain unaccounted for after the roof of Moscow’s Transvaal water park collapsed on ... According to Mr. Shoigu, the tragedy was caused by mistakes in the ...
http://www.gateway2russia.com/st/art_212386.php

Article - Rescuers find body parts in water park rubble - News ...
... Rescuers have found several body parts in the rubble of the Transvaal water park in Moscow ... In Mr. Shoigu’s opinion, the tragedy was caused by mistakes in the ...
http://www.gateway2russia.com/st/art_212549.php

E. coli tragedy in '98 changed water park safety By MONIFA THOMAS and JENNIFER BRETT The Atlanta Journal-Constitution. June 14, 2003. ...
http://www.marlerclark.com/news/whitewater12.htm

BBC NEWS Hope fades for water park victims ... Moscow pool tragedy 14 Feb 04 | Photo Gallery. Rector charged over Moscow blaze 03 Dec 03 | Europe. RELATED INTERNET LINKS: Transvaal water park (in Russian ...
http://news.bbc.co.uk/2/hi/europe/3489915.stm

BreakingNews.ie - 2004/02/15: 21 killed in water park tragedy 2004/02/15 > 21 killed in water park tragedy. ...
http://archives.tcm.ie/breakingnews/2004/02/15/story134272.asp

CBS News | Four Drown At Texas Water Park | June 17, 2004 20:29:44
... church group — including three children — drowned in a Fort Worth water park when one ... to find the words that would console his flock following the tragedy. ...
http://www.cbsnews.com/stories/2004/06/17/national/main624289.shtml

Dozens Perish in Russian Water Park Accident
... at an indoor water park building Saturday evening in Moscow, Russia leaving as many as 38 people dead. According to the Moscow Times, the tragedy occurred at ...
http://themeparks.about.com/b/a/065687.htm

The Globe and Mail Mayor seen as villain in Moscow tragedy. ... The investigation into the deadly roof collapse at the Transvaal water park in the south of Moscow is shedding light ...
http://www.globeandmail.com/servlet/ArticleNews/TPStory/LAC/20040217/MOSCOW17/International/Idx

WLOX-TV - The News for South Mississippi: Water Park Gets Ready ...
... 06/25/04 Water Park Gets Ready For Big Holiday Weekend, ... A little rain did not stop the regular chores at Flint Creek Water Park. ...
http://www.wlox.com/Global/story.asp?S=1970586

KSL News: Four Drown in Texas Water Park ... members in the hotel conference room, Dew struggled to find the words that would console his flock following the tragedy. ...
http://tv.ksl.com/index.php?nid=6&sid=101128

RADIO FREE EUROPE/ RADIO LIBERTY ... Authorities Inspect Kazan Water Park After the Transvaal water park tragedy, which killed 25 people on 14 February in Moscow, Tatarstan's Construction ...
http://www.rferl.org/reports/tb-daily-report/2004/02/0-180204.asp

Chicago Tribune | Falling back on friends, faith
... the Antioch Missionary Baptist Church on Sunday for a memorial for four church members who drowned last week at a Texas water park found hope out of tragedy. ...
http://www.chicagotribune.com/news/local/chi-0406210230jun21,1,3755970.story?coll=chi-news-hed

The Moscow News .. Roof Collapses on Crowded Water Park. Robert Bridge. On Saturday evening, the massive domed ... the scene Mayor Yuri Luzhkov was visibly shaken by the tragedy as he ...http://english.mn.ru/english/issue.php?2004-5-35
 

enjay

Member
How is any of that relevant to an unsupervised 5 year old slipping and breaking his arm?

My advice to the OP...chalk this up to a normal childhood injury, because that's exactly what it is. You are right...we can't bubblewrap our kids and we can't expect them to never fall and break a bone. You also can't hold a waterpark responsible for your child slipping on wet steps. Really, what made you think a 5 year old should ever be unsupervised at such a place?
 

I AM ALWAYS LIABLE

Senior Member
MY response:

Of course her 5 year old was supervised. Didn't you read? The original writer said, "He went on the ride with a 13 and 10 year old sibling" who, of course, are old enough to "supervise" and were definitely paying attention to their little brother, and who were not "into" having any fun of their own because they were watching the little guy.

So, just lay off of the original writer, okay?

IAAL
 

You Are Guilty

Senior Member
I think it's quite clear we have no alternative but to ban walking, running, jumping, skipping, swimming, hopping, standing and leaning altogether. Do you realize just how many injuries we could have prevented had these activities been outlawed? Think of the health care costs alone, much less the lawsuits!


Quite frankly, I'm shocked some of you parents approve of this kind of behavior. You ought to be ashamed.
 

I AM ALWAYS LIABLE

Senior Member
You Are Guilty said:
I think it's quite clear we have no alternative but to ban walking, running, jumping, skipping, swimming, hopping, standing and leaning altogether. Do you realize just how many injuries we could have prevented had these activities been outlawed? Think of the health care costs alone, much less the lawsuits!


Quite frankly, I'm shocked some of you parents approve of this kind of behavior. You ought to be ashamed.

My response:

Finally, finally, YAG - - something we can agree on!

IAAL
 

JETX

Senior Member
td225 said:
Does the water park bear any responsibility?
Nah.... but I sure would slap the crap out of any parent that allowed a five year old to try to climb slippery stairs KNOWING that he could hold the handrail while carrying the tube!!
Hell, might even file a CPS complaint as this parent was clearly ignoring his/her parental obligation to use a LITTLE intelligence in managing his/her child.
 
B

blameshifting

Guest
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?
Crossing the street doesn't REQUIRE an adult escort either, I'd suggest you provide your own supervision for your own children and stop blaming everyone else for not watching your kids for you.

I've seen kids at water parks, they RUN up wet steps, they RUN around the pools and the water park employees yell at them non-stop to STOP RUNNING while mom and dad are working on their tans.

Quit trying to turn your kid's injury into a pay day for you.
 
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