If I was injured on the walkway of a water park, xan I sue for medical bills, etc?

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If I was injured on the walkway of a water park, xan I sue for medical bills, etc?

I was at a water park and slipped and fell because there was a puddle on the walk way with slippery algae growing in it. Can I sue for injuries? I ended up being taken by ambulance because my leg was extremely painful and disfigured – I dislocated my knee cap. I am now in a leg brace and in pain, I won’t be able to drive for weeks and have to follow up my injury. I live in Pennsylvania and this happened while on vacation in South Carolina. I really don’t want to be stuck with a lot of medical bills, not to mention any further complications down the road due to my injury.

Asked on August 24, 2012 under Personal Injury, Pennsylvania

Answers:

Andrew Goldberg

Answered 8 years ago | Contributor

If the Water Park is located in South Carolina, you will have to get an attorney licensed in South Carolina and file your lawsuit there. To prevail, you must prove more than an accident. You must prove that the Water Park did somethin wrong ( for example, negligently failed to either remove the algae on the walkway or negligently failed to properly treat the walkway in advance of your fall so as to prevent the growth of algae in the first place ). Aside from that, telephone the Water Park and ask if it has medical-pay coverage. This coverage would pay your bills w/out you having to prove negligence. Medical-pay coverage is based on the mere fact that you had a slip-and-fall accident on their property. You don't have to prove negligence. However, without proving wrongdoig or negligence you can't get a lump sum of money, compensating you for your injuries and resulting "pain and suffering"

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

The answer to this question depends on South Carolina law.  In Florida and most states, public entertainment facilities have a duty to maintain their premises in a safe condition, so you might have a claim.  There might also be defenses to the claim (such as, the water and algae were obvious and you should have seen it).  Whether you can bring a claim is a different question from whether you should bring a claim.  Sometimes, the potential damages you would recover are not enough to justify the cost and difficulty of bringing the claim (especially for someone who lives in another state).

Most personal injury attorneys take cases on a contingency basis (i.e., they are paid a percentage of the proceeds) and do not charge for consultations.  It should not cost you anything to consult with an attorney in South Carolina about this.  I suggest you search for personal injury attorneys in the area surrounding the park and call some of them for advice.


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