Liability for Water Park Injuries

Usually Water parks are required to keep a certain number of lifeguards present. But even if a park abides by these rules, it may not be enough to shift liability away from the park or lifeguards.

It will be important to talk to witnesses to find out whether the lifeguards were actually performing their duties at the time the child drowned. As painful as it might be, it will also be necessary to determine if the child’s actions led to his death. For example, had he been asked to stop some behavior, such as trying to hold his breath under water? It will also be necessary to find out if the part of the park where the child drowned is designed in an unreasonably dangerous way, or is insufficiently marked for danger. Some examples might include a section of a wave pool or river where there is a particularly strong current or undertow or where the waves get higher than in other parts.