Summertime sees countless people both in Hamilton and throughout the rest of the U.S. visiting theme parks. Such locations offer plenty of distractions and diversions, as well as their fair share of risks and hazards. Often, it is assumed that by paying admission to a park, one accepts responsibility for any risks that the activities it offers presents. While that may be true in many cases, park personnel are still responsible for providing a safe environment for guests to enjoy. A perceived failure to do so could certainly lead to accusations of negligence.
Such is the claim being made by a New Jersey woman after she suffered a severe ankle injury at a popular waterpark in Pennsylvania. She claims that officials failed in ensuring that a wave runner put on display at the park was safe. Park representatives are answering her claim by saying that it was her own negligence that caused her injury. The actual accident occurred in 2015, when the woman decided to mount a wave runner to have her picture taken. The wave runner itself was not part of a ride, but rather a prop used in front of an aquatic backdrop. She slipped on water that had accumulated in the foot well of the wave runner as she tried to get off. Her injury would later require surgery.
Oftentimes, the release of liability one gives by his or her attendance at a theme park is only said to extend to hazards posed by its attractions. Risks that arise from the poor upkeep of a park’s grounds may not be covered under such an implied release. Those seeking to pursue action following a fall at a park or public place may be wise to first secure the services of an attorney.
Source: FOX43.com “Hersheypark asks for dismissal of lawsuit filed by woman injured in fall off waterpark display” Schweigert, Keith, June 20, 2017