Can I sue an amusement park for injuries that I sustained there?

I was coming down a slide at water park. On the way down both of my heels hit the bottom of the pool really hard. I got bad bruises on both heels. Now, after 2 weeks, I still have problems walking, can’t wear shoes and have pain. Can I file a claim?

Asked on September 15, 2012 under Personal Injury, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can potentially file a claim if the depth of the pool was not adequate for the expected users or the size of the slide... or some other structural defect.  You also have to show that the defect was the proximate cause of your injuries.  So your first step is to visit with your doctor and get their assessment. (namely, double check this is not some sudden onset of a inherited condition, but instead is some injury related to a blunt trauma consistent with your described injury.)  Your next step should be to visit with a personal injury attorney.  If you can take them a picture of the slide and a copy of your doctor's assessment, they will be able to give you a better idea of the degree of success you can expect and whether the water park will have any defenses (like the "swim at your own risk" posters)  You may not get a huge settlement, but you may be able to get enough to at least cover the doctor bills associated with your recovery.


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