In one recent case, a drowning accident claimed the life of a 10-year old girl while swimming in a pool in Huron, California. Report says that incoming sixth grader Janet Ramirez was with group of children from the Keenan Recreation Center who went for a swim. It was not clear how the poor girl drowned under the watch of pool lifeguards.
It can be inferred in this case that the pool management, through their lifeguards, four at that, failed to exercise prudence to insure the safety of their visitors.
Water park injury, just like any injury, can be caused by myriad of things. But the causes which the authorities look into as major causes of water park injuries are:
?lack or insufficient safety instructions
?poor maintenance
?negligence on the part of the water park
?the guest's health condition
?negligence on the part of the guests
Water park accidents can result to a serious personal injury, even wrongful death of an individual. Victims are not limited to guests, but may even include the park's employees.
In 2005, there were more than 15,000 amusement and water parks ride-related injuries in the US. The most common injuries include:
?contusion, abrasion
?strain or sprain
?laceration
?fracture
?concussion
?internal organ injury
An investigation conducted by the Consumer Product Safety Commission revealed several hazard patterns which often caused these injuries, to wit:
1.Mechanical failures. Broken welds or structural components, exposed electrical wires, broken drive chains, malfunctioning lap bars or other safety restraints, failure to shutoff, improper detachment of cars and improper detachment of structural components.
2.Operator behaviors. Abruptly stopping the ride following an apparent mechanical failure, improperly assembling or maintaining the ride and defeating safety equipment such as brakes and automatic overheat cutoff switches.
3.Consumer behaviors. Intentionally rocking cars, standing up, defeating safety restraints, sitting improperly such as sideways or with feet above lap bar, holding a child above the safety restraint, and in one instance, a disembarking passenger intentionally restarted the ride by pressing the start button as other passengers were disembarking.
4.Others. Include rides that can injure people while apparently functioning normally, without an unusual or inappropriate behavior on the part of consumers or operators.
CPSC reported cases of cerebral and retinal hemorrhage, subdural hematoma, and loss of consciousness, headache and dizziness. Fatalities with little or no overt trauma have occurred during or after rides which induce abrupt changes in speed and direction.
For every California water park injury or wrongful death suffered by the victim, the law holds the owner or operator of water or amusement parks responsible under negligence or tort, product liability or premises liability.
The victim will be entitled to compensation once this liability is proved. The amount awarded may vary depending on the degree of negligence and the extent of the injury or loss.
