During the summer months, children enjoy the time off from school and the opportunity to splash around at the community pool, a neighbor’s pool, a water park, or theme park. Most public areas are well maintained and inspected frequently. Most are staffed with trained lifeguards and maintenance personnel to provide for a safe aquatic environment for children. Unfortunately for some children Unfortunately for some children during the summer months, a swimming pool, water park, or theme park is the site for a serious personal injury. Some incidents even result in the untimely and tragic death of a child as a result of a drowning or a traumatic injury.
Is a water park, theme park or property owner of a swimming pool liable or responsible for injuries that take place on the premises? The answer to this question like many other depends the particular facts and circumstances of the incident leading to the serious personal injuries or death of the child. There are four elements that are required to be proved to establish a case against a swimming pool owner, theme park, or water park.