Is an amusement park liable for any medical bills or damages from me getting hurt due to their fault?

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Is an amusement park liable for any medical bills or damages from me getting hurt due to their fault?

We came down a waterslide in a tube and at the bottom instead of going into the pool we skipped along it and I was thrown, spine first into the corner of a cement wall with no padding. The distance between the wall and the slide seemed small and no padding was provided. I would not refer to this as normal operation of a ride (I know I assume the risk), I view it more as a safety issue as this could happen to anyone and honestly this could of been a lot worse. It hurt pretty bad and filled out an accident form. Are they liable for medical bills and am I entitled to any further damages?

Asked on July 12, 2012 under Personal Injury, Illinois

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 11 years ago | Contributor

The amusement park could be held liable if you can show that they were negligent in the construction or maintenance of the slide and because of that negligence, you were injured.  Yes, you do assume some risk when you participate in higher risk activities, but that does not absolve a land or property owner from liability for their own negligence in maintenance or construction.  Also, you could be found to be partly liable if you were not observing and following all of the safety precautions of the slide or if you did not meet the height or weight requirements to ride the slide.  


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