Negligence, Other Injury Sprained ankle at theme park

[dogwood83]

My wife twisted her ankle pretty severely at a theme park. It was a water ride. There were staff members there but not helping guests into the raft. She slipped on the plastic step. We had to cancel our vacation and encountered some cancel ations fees. In addition to the fees we will have to pay for medical bills and lost wages. The park has a process for refunding the tickets but they are asking for a written request. I was hesitant to do this before getting advice. My question is do we have a case to pursue legal action or should we just bite the bullet and chalk it up to something we can't change.

 

[jacksgal]

Did the park take an accident report? This is important. You will likely need a Lawyer but you should be able to get Medical expenses and some of your loses. Lost wages is always tough but you might get other monies

 

[dee_dub]

I'm a little more sceptical. Does the park have a duty to ensure people don't slip on the wet plastic steps? Did they discharge the duty, maybe by posting a "Caution, slippery wet step" sign? I've been on many theme park water rides and the staff makes sure I'm buckled in after I'm on, but almost never have they helped me on to the raft.

 

[dogwood83]

I don't believe there were any caution signs. There was grip tape on the plastic steps but it looked as though it was wearing off. There were no safty rails. The staff does make sure you are buckled but offers no sort of assistance getting on. Though I don't expect help to get on I believe that the way in which guests have to get on is not as safe as it could be. The loading platform revolves as guests have to then step down into the raft. Isn't it the parks charge/duty to take precautions for guest's safty?

 

[Katelyn]

I doubt you could get anything from just slipping. Its a water park, thats a risk you take by going there. If someone or something had CAUSED you to slip, that would be different. But I doubt anything will come of it..

 

[dee_dub]

Isn't it the parks charge/duty to take precautions for guest's safty?

It is their duty to take reasonable precautions. Exactly what those are is open to speculation. It might be worthwhile to go for a free/cheap initial consult with a personal injury attorney.