Can I Sue for Slip-and-Fall Injuries from an Illinois Waterpark?

 Posted on July 15, 2024 in Personal Injury

Extreme heat across the U.S. and in Illinois has more people than ever headed to waterparks to cool off. Illinois is home to a number of waterparks, with Raging Waves in Yorkville the largest at 58 acres. Waterpark accidents are not all that uncommon, with approximately 51,000 waterpark injuries reported between 2012 and 2021.  

Children and adults alike enjoy splash pools, floating down "lazy rivers," and riding the numerous water rides. Unfortunately, with all this water, slip-and-fall accidents are common. You might think that waterpark owners would not take a slip-and-fall accident seriously—after all, we all know water is wet, making falls possible, so is there any real liability?

The answer to that question may surprise you! If you have experienced a slip-and-fall accident at an Illinois waterpark, do not immediately assume you have no recourse. Instead, speak to a knowledgeable Naperville personal injury attorney from Mevorah & Giglio Law Offices, who can help you determine whether your slip-and-fall injuries are the result of negligence, thus compensable. Having an experienced lawyer by your side could make a real difference in the outcome of your accident.  

Waterparks Can Be Held Liable for Slip-and-Fall Accidents When There Is Negligence

Slip-and-fall injuries can occur in virtually any setting. In most cases, unless a person is trespassing, the owner of the property where the accident occurred can be held liable if negligence caused the accident. A waterpark, with all the water and slippery surfaces, has the potential to cause a slip-and-fall accident, but is the owner of the waterpark actually liable?

While waterparks are usually not liable for accidents that occur—like getting whiplash from a roller coaster ride—if the accident is directly linked to negligence, liability may be present. Some instances of waterpark negligence that could result in the park being liable for resulting injuries include:

• Stairs leading to a water attraction have no friction treads to prevent falls
• Lifeguards fail to stop other guests from running and roughhousing in slippery areas
• There are no warnings regarding slippery surfaces
• Algae have been allowed to grow on wet surfaces, making them even more slippery
• There are uneven surfaces in the water park with no warning signs
• Spilled drinks or sunscreen lotion are not cleaned up in a timely manner
• There is a lack of handrails in areas where falls are known to occur
• There is an overall lack of necessary maintenance at the waterpark

Could Others Be Held Liable for a Slip-and-Fall Accident at a Waterpark?

Liability may not lie 100 percent with the owner of the waterpark, even when negligence is clear. Most theme parks and water parks have visitors sign a waiver before entering the park. While this waiver can be an extra hurdle for your attorney, it is not a total barrier to compensation for a slip-and-fall accident caused by negligence. While individual waterpark employees are rarely held liable for an accident, if the accident was caused by an employee acting recklessly or maliciously, that will factor into proving liability. The owner of the waterpark is ultimately responsible for poor maintenance and dangerous or hazardous areas when these issues cause accidents.  

The Importance of Filing a Claim for Negligence Soon After a Waterpark Slip-and-Fall Accident

Under the statutes of limitations, the state of Illinois allows injured parties two years from the date of the accident to file a personal injury claim. While this may seem like a long time, the sooner you speak to a skilled Bloomingdale personal injury lawyer, the better. If there were witnesses to the accident or video evidence of the accident, the sooner these become a part of your claim, the better. Witnesses can forget details or can be difficult to locate once they return to their home state—or country—and video evidence can "disappear."

Contact a DuPage County, IL Personal Injury Attorney to Schedule a Free Consultation

The time following an accident with injuries can be difficult. You may have serious injuries from your accident—so serious you may be unable to return to work. An experienced Lombard, IL slip-and-fall attorney from Mevorah & Giglio Law Offices will work hard on your behalf and will fight for a full and fair settlement. We have three offices (Lombard, Bloomingdale, and Naperville), and we can schedule an appointment with you on a Saturday or in the evening for your convenience. Contact Mevorah & Giglio Law Offices at 630-932-9100 to schedule your free case evaluation.