Houston Water Park Drowning Accident

Wrongful Death Lawyer Michael Grossman on Houston Waterpark Drowning Accidents

The water parks listed below are often filled with the prospect of a fun-filled day for a child, teen, or adult, especially during the hot summer months in Houston, TX:

Do you have a legal question?
Enter your phone number below and let's talk.
--
  • Adventure Bay Water Park, Houston
  • Schiltterbahn
  • Volente Beach
  • Lost Lagoon at SeaWorld
  • Splash Town USA
  • Six Flags Hurricane Harbor
  • Wet-n-Wild Waterworld
  • White Water Bay
  • Splash Kingdom
  • And the many smaller waterparks that exist throughout Texas

Unfortunately, due to the immense popularity of these water parks in Texas, waterpark accidents are a near inevitability. Such accidents can result in serious to severe personal injury, ranging from muscle pulls or lacerations to medical conditions like severe illness, neck injury, or broken bones. A Houston water park drowning accident can result in the loss of a loved one with little to no notice that a victim is drowning. When a child or adult suffers an injury due to a water park accident in Houston, civil action may be pursued through a personal injury lawsuit against the liable parties. Such civil action accomplishes two things. It holds the negligent parties accountable for their actions or inaction. It also works to see compensation awarded to the aggrieved party that can be put to use toward issues like medical bills, lost wages, or pain and suffering. However, assessing liability for a water park accident can be challenging due to the many different factors that must be considered when such accidents occur.


Liability in a Houston Water Park Drowning Accident

When a victim suffers an injury due to an accident at a Houston water park, one of the first questions asked is “Who did this?” or “Who’s responsible?” This is especially true in the event of a fatal water park accident or in the event that a child has suffered a serious injury due to an amusement park accident. However, answering the question of liability is seldom as straightforward as it may first appear to be. Multiple liable parties may be involved in such accidents, many of whom may not have been a direct cause of the accident. In other words, they were not a part of the accident scene, but their negligent behavior somehow contributed to the water park accident. When a lifeguard on duty fails to act properly in the event of a Houston water park drowning accident, the lifeguard and the lifeguard’s employer may both be held liable for the same accident since the legal notion of “respondeat superior” holds an employer vicariously liable for their employees’ negligent behavior.

Do you have a legal question?
Enter your phone number below and let's talk.
--

Additionally, a water park owner or the entity responsible for maintaining the water park may be liable for certain issues in connection to a lack of proper maintenance of the pools, water rides, or amusement park equipment used at a water park in Houston. If gates or fences are broken which allow children to enter areas that they should have been prevented from entering, an owner could bear liability for an accident that befalls that child. If a water slide or other piece of water park equipment is broken or poorly maintained and a person suffers an injury due to a water slide accident, the property owner or the water park management company may be held as a liable party for that accident.

Furthermore, the American National Standards Institute, i.e. ANSI, keeps safety standards for water parks in regards to issues like water park design, staffing, and water quality. When pools aren’t properly treated with anti-bacterial chemicals, swimmers can develop water-borne illnesses. Such illnesses can be cause to seek legal action against the party responsible for maintaining the pool. Such maintenance ought to be of a high priority to a water park company due to the often large numbers of people that use these types of pools. Requirements in regards to staffing at water parks hold that lifeguards should know CPR and similar life-saving skills in addition to knowing how to control a crowd in the event of an emergency. Water park design can also be a contributing factor to an accident, such as when a shallow pool, a crowded water park ride, or a slippery surface may cause an injury accident at a water park.

Finally, a parts manufacturer may bear product liability for a defective device. Such issues can arise when a defective pool drain cover or bad safety device contributes to the occurrence of an accident causing injury or death. Determining whether or not product liability may have played a contributing role can sometimes be challenging since a defective product is different from a faulty product. Defective products mean that the manufacturer can be held liable for their product causing injury. Often, a faulty product means that the entity responsible for the upkeep of the device can be held liable for that faulty device causing injury. Both issues will be investigated where a mechanical malfunction is believed to have contributed to a water park accident. Additionally, the Virginia Graeme Baker Pool & Spa Safety Act requires that public pools, including those found at water parks in Houston, utilize anti-entrapment drain covers in order to mitigate the opportunity for a severe pool injury accident to occur. If a pool drain accident occurs at a water park in Texas, the owner of the pool may be in violation of that law.


Contact Houston Water Park Drowning Accident Lawyer Michael Grossman

With the possibility of multiple liable parties being involved in civil action as a result of a water park accident in Houston, Texas, having the help of an experienced and knowledgeable attorney can prove beneficial toward the outcome of your personal injury or wrongful death case. With two decades of practice, Houston water park drowning accident attorney Michael Grossman has helped hundreds of victims and their families seek compensation from liable parties so that they can get on with living their life. We will work to identify all of the liable parties so that each defendant is held accountable for their negligent behavior. It is our desire that their negligent behavior will abate as a result of a successful outcome to a civil suit so that their actions do not have to cause further harm or grief to another person or family. Contact our Houston water park accident law firm at our toll-free number, 1-855-392-0000, for a free and confidential legal consultation. You can share the details of your Houston water park accident with us and we’ll provide you with further information in regards to your possible legal options. We’re here to help you through this difficult time so that you can seek compensation and pursue justice against those responsible for your injury or loss.



Some of Our Most Recent Successful Cases

$350,000.00 Recovery - Premises Liability (Brain Injury)
Our attorneys sued an apartment complex in relation to a brain injury sustained by a toddler when he fell through a balcony railing. The apartment complex denied liability, asserted that their railings were in spec at the time of the building's construction (some 20 years prior), and they claimed that the child's mother was contributorily negligent in that she did not notice that her child was playing near the railing.

Through litigation, our attorneys countered the defendant's arguments by showing that the case law does not support the notion of any safety related concerns in the building code being "grandfathered" in. On the contrary, a property owner has an obligation to keep safety features such as balcony railings within the specs at all times. The railings in this complex were spaced at 7 inch intervals, which was at odds with the now-standard 4 inch interval.

Additionally, our attorneys countered the claims of contributory negligence as a practical matter in that the mother was indeed monitoring the child's activity and the child literally ran up to the railing and immediately fell through the rails. Alternatively, we argued that the doctrine of parental immunity applied and that the contributory negligence, if any such negligence ever even occurred, of the mother would not be admissible. The case was satisfactorily resolved through litigation.
Total Recovery:
$350,000.00
Attorney Fees:
$115,500.00
Litigation Expenses:
$5,000.00
$50,000.00 Recovery - Premises Liability Accident (Soft-Tissue Injuries)
Recovery for the victim of a slip and fall premises liability accident.
Total Recovery:
$50,000.00
Attorney Fees:
$20,000.00
Litigation Expenses:
$485.00
Confidential Recovery - Wrongful Death / Premises Liability
Facility sued for negligent contribution to the death of an innocent bystander. A fatal shooting occurred on the property after the facility failed to appropriately respond to outbursts of violence & gang activity. Following the young man's death, his parents hired our firm to pursue the facility for their negligent actions including failure to provide adequate security. The case was successfully resolved through litigation.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$100,000.00 Recovery - Premises Liability Accident (Contusions & Sprained Ankle)
Recovery for client who sustained contusions and a sprained ankle in a premises liability accident.
Total Recovery:
$100,000.00
Attorney Fees:
$37,272.00
Litigation Expenses:
$1,730.00
$50,500.00 Recovery - Premises Liability Accident (Contusions and a Soft-Tissue Knee Injury)
Recovery for client who suffered contusions and a soft tissue knee injury in a slip and fall.
Total Recovery:
$50,500.00
Attorney Fees:
$19,102.00
Litigation Expenses:
$265.00
$40,000.00 Recovery - Premises Liability Accident (Foot Injury Requiring Surgery)
Recovery for client who needed surgery on her foot due to a slip and fall accident.
Total Recovery:
$40,000.00
Attorney Fees:
$16,000.00
Litigation Expenses:
$1,168.00