The traditional amusement parks and those with an aquatic environment should be defined as fun and adrenaline boosting, but also by their safety. Unfortunately, we can always find exceptional and peculiar situations which can affect our integrity: are we benefiting from a surveillance service in the right manner? What happens if I have a problem in the park? This and many other questions are common between the users of the water parks. We will explain them in this post.
Water Parks, civil or criminal responsibility
The accidents in water parks increase in volume the number of claims and demands in the months following the summer season: due to the high number of tourists and the big crowds gathering in these spaces, there is a higher probability of incidents occurring. Although all the parks have passed the necessary evaluations to function, we can suffer accidents: either, there is a problem with the facilities (damages, lack of water in the tanks, etc.) or due to surveillance, or if we haven´t followed the indications of the supervisors of the rides.
The civil responsibility is the obligation of repairing and compensating the damage suffered after a mistake either by actions or omission. The Sentence nº 62/2005 of AP Almería, Section 1ª, 1st March 2005; determines that it cannot be proven that the facilities where the accident took place were complying not only with the demanded rules “but also with the necessary means in order to avoid the risk in the exact location where it existed.” For this reason, the claimant received a partial favorable sentence and condemns the defendant (water park and insurance company) to the payment of a compensation for lesions. In another case, The Provincial Audience of Parma condemned the company owning the water park and the insurance company to the payment of a compensation of 17.000 euros (plus interests) to a man who suffered an accident which caused a fractured shoulder.
Contact with the right team of experts to value your case
The complexity of the cases for lesions and claims for accidents in water parks lays in the necessity having your case evaluated by a professional: an expert will determine the damages caused and will present the evidence proving to the Court the lesions and the state of the facilities. Martínez-Echevarría Lawyers has a team of experts in Civil Law, Insurance and Consumer Law, who will study your case, without compromise, and offer the best options. You can contact us on the free telephone number 900 100 039, or, you can send an inquiry on this form.