A man and his wife visited Sahara Sam’s Oasis Water Park in West Berlin last month for a little bit of fun heat when the man was injured in a New Jersey waterpark accident. The man rode the FlowRider, a New Jersey waterpark ride that simulates surfing. However, the staff member in charge of the FlowRider failed to inform the man he, as a novice, could lie on his belly to safely ride, instead of standing. Additionally, the waterpark staff did not inform the man that he should hold onto a safety rope while riding.
As a result, the man fell while surfing, causing a catastrophic spinal cord injury. The man sued the park for negligence following this. A lower court dismissed the case because the man had signed a liability waiver before getting on the ride. However, the New Jersey Supreme Court found the lack of instruction combined with failure to display safety signs recommended by the ride’s manufacturer (which illustrated safe riding techniques) amounted to gross negligence.
Are Water Parks Safe?
While water parks are a great way to have some fun and cool off during the summer months, there is a multitude of safety hazards. When these safety hazards are not properly addressed, attendees are at risk for a water park accident. Whether visitors are enjoying the lazy river, a wave pool, a water slide or a surf ride, they must have hazard warnings and ride safety practice signs posted for visitors to see.
Even then, water park accidents are possible when ride attendants do not relay proper instructions or life guards are not vigilant in looking for drowning victims. Water park operators must also be sure to prevent slip and fall hazards. Additionally, rides can malfunction when they are not properly assembled, inspected and have had regular maintenance performed.
In New Jersey, water park operators or required to abide by the American Society for Testing Materials (ASTM) standards for ride classification, manufacture, design, construction, operation and water slide systems. It is important to note that if you are injured in a New Jersey water park accident, you must submit a written report to the amusement park operator within 90 days of your injury or any potential lawsuits will be barred. Immediately after doing so, contact an attorney to help you assess you rights.
Spevack Law Firm is a New Jersey personal injury law firm that fights for those injured due to negligence and has done so since 1928.