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#1 |
Junior Member
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Join Date: Jul 2019
Posts: 1
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Is it the fault of the waterpark if I slip on the slide and break my arm?
I fell just before the slide part, where you slide down, I have no insurance and I am not sure if the waterpark should pay for all the medical or if I have to? |
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#2 |
Top Level Member
![]() Join Date: Dec 2009
Posts: 23,384
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I wish to inform you that you may claim compensation if water park had not taken steps to ensure that you may not fall. As you had fallen in water park thus you may claim compensation for negligence of water park as they had the burden to take steps that a person does not fall or suffer injury. You may claim compensation in this regard.
AFF |
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#3 | |
Top Level Member
![]() Join Date: May 2016
Posts: 1,857
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Unless you can show that there was a known defect up there, I don't see the water park having any liability. Did you report the accident to management when it happened? Have you had any subsequent conversation with management about your medical expenses? With what result? |
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#4 |
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...well on the other hand, even if it is a water park, people should not be falling and injuring themselves in anyway, there has to be some built in system to prevent that, and if somebody is injured, it's very possible there is some kind of claim that can be made.
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#5 |
Top Level Member
![]() Join Date: May 2016
Posts: 1,857
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People fall and injure themselves every day. They are called Klutzes.
To get compensated an injured person must prove negligence. No negligence, no liability. No liability, no claim. |
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#6 |
Junior Member
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Join Date: Aug 2019
Location: Austin, Texas
Posts: 1
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In this case waterpark is not responsible for any compensation. If waterpark have made any statement for your safety and security then you claim for compensation. This is your own negligence and you are not right candidate to claim for the compensation.
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#7 |
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You slip, you slide!!
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#8 |
Top Level Member
![]() Join Date: Sep 2010
Posts: 8,960
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If someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict. Its called "assumption of risk". This principle bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which s/he was participating at the time of his or her injury.
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