Defective Water Slides and Personal Injury Lawsuits

Defective Water Slides and Personal Injury Lawsuits

by | Jun 28, 2023

When we think of water slides, pools, and water parks, we naturally think of family fun time. But for the countless people injured while using water slides every year, their experience is anything but fun. In 1976, the Consumer Product Safety Commission (CPSC) reported that there were approximately 56,000 emergency room visits for swimming pool, pool slide, and diving board injuries. Then, in 1998, out of an estimated 57,900,000 total pool swimmers throughout the U.S., 99,691 swimmers faced injury associated with swimming or the use of a pool slide (nearly twice the number of pool injuries reported in 1976).

While we weren’t able to find clear statistics on the number of water slide deaths per year, we came across multiple news stories involving tragic water slide deaths (see for example the Caleb Schwab story: 1. The World’s Tallest Waterslide Was a Terrible, Tragic Idea; 2. Boy, 10, Who Was Decapitated on a Water Slide In Front of Family Remembered Five Years On; 3. The Tragic Death of Caleb Schwab at Schlitterbahn Water Park).

Whether it’s a 100 foot water slide, a gigantic spiral pool slide, or just your common backyard pool with a slide, slides can be defective and injuries can result from those defects. What many unsuspecting consumers don’t realize is that their injuries may have been caused by a defective pool or water slide, and that the manufacturer and retailer may be held legally responsible. If you were hurt in an accident involving a water slide don’t hesitate to call SOS Injury Lawyers for a free consultation.

Can You Sue a Water Park for a Defective Water Slide?

Many people wonder if they can sue a water park for an injury sustained at the water park (including on one of their water slides). Generally speaking, if a water park’s negligence or a defective pool slide causes you injury, yes you can. Just like any other consumer product, water slides and pool slides can be defective. Without routine and proper inspection of water slides, pool slides, and pool equipment by the water park, it’s only a matter of time before someone gets injured.

If you or your loved ones have been injured by water slides, pool slides, and pool equipment, you certainly aren’t alone. And if the water slides, pool slides, and pool equipment were defective in one way or another, the water park, the slide manufacturer, and the retailer who sold the water slide could be liable in a water park injury lawsuit for any injuries suffered.

If a Pool or Water Slide is Defective, the Manufacturer and Retailer May be Liable for the Resulting Damages

Generally, any company involved in manufacturing and distributing a defective product is potentially liable for injuries caused by the defective product. That means if for example you purchased an S.R. Smith Cyclone Right Curve Pool Slide on Amazon or at Walmart and installed it in your home pool, and you were injured because of a defect in the pool slide (e.g., the slide toppled over during use, or someone fell off the slide due to non-existent guardrails), you could potentially bring a lawsuit against Wal Mart or Amazon and the pool slide manufacturer.

While sellers and manufacturers are the most common defendants, that does not mean they are the only possible defendants. Each situation is unique and depending on the circumstances, there may be many more hidden defendants who are potentially liable for your injuries. Speak with an experienced attorney to confirm that you haven’t overlooked additional potential defendants who may be responsible for your injuries.

Types of Water Slides

The type of slide depends on the amount of space you have and the size of the pool. With that in mind, it should come as no surprise that your average residential swimming pool slides will look very different than the slides you see for example at a Las Vegas Water Parks. Below are some examples of slides you can expect to see at water parks and in residential swimming pools.

  1. Body Slides: where riders sit or lie directly on the surface of the slide to go down. Generally, any slide where you’re just using your body to go down the slide is a body slide. These slides are common in backyard pools and water parks.
  2. Backyard Pool Slides: these pool slides send riders right into an above-ground or in-ground pool. Riders usually have to climb a staircase to get to the slide’s entrance. Once at the entrance, riders use their bodies to go down the slides. Backyard slides come in all types of shapes (including helixes, vortexes, straight lines, right and left curves) but typically don’t get too large in size due to the relatively small size of backyard pools. Also, in our experience, backyard pool slides are usually exposed on top, as opposed to being a closed tube water slide.
  3. Inflatable Water Slides: inflated water slides that are typically reserved for residential pool and backyard use. Although these slides may look harmless, don’t let their looks deceive you. As mentioned below for example, Banzai had to recall 21,000 inflatable pool slides because of a defect that may have caused the death of a 29-year-old Colorado mother who fractured her neck while using the slide.
  4. Tube Slides: slides that are designed to be ridden with a tube. Because tubes require more space and bigger slides, tube slides are typically reserved for water parks.
  5. Bowls: a type of water slide where riders descend a steep drop into a round bowl where the effects of centrifugal force cause the riders to circle the bowl before exiting and sliding into the pool or another slide section. Bowls require a lot of space and constantly flowing water so they are usually only seen at water parks.
  6. Family Rafting Slides: large slides where rafts that can usually fit an entire family of 4-6 people are used to go down the slide. Typically only seen at water parks due to their size.
  7. Funnel Slides: where riders to sit in a round tube and are dropped from inside a tunnel out into the ride’s main component which is shaped like a funnel. Riders then move from one side to the other of the funnel until they exit through the back of the funnel and into a pool. Typically only seen at water parks due to their size.
  8. Multi-Lane Racers: giant slides where riders typically sitting on a mat go down the slide in separate lanes next to one another. The slide generates a lot of speed for riders before slowing them down at the bottom. Typically only seen at water parks due to their size.
  9. Speed Slide: a type of body slide where riders are sent down steep, free-fall plunges to the ground. Think of the speed slide as the water park version of a drop-tower amusement park attraction. Typically only seen at water parks due to their size.
  10. Drop Launch Water Slides (aka Water Slides with Trap Doors): slides where riders step onto a hatch door at the beginning of the slide, which then opens, causing the riders to drop into a near-vertical portion of the slide. Typically only seen at water parks due to their size.

How Deep Does a Pool Have to be for a Slide?

The bigger and steeper the slide is, the deeper the pool will need to be. The slides at water parks are typically much larger than residential pool slides and the pool depth will need to accommodate the speed that the user of a water slide or other large slide will be moving at.

As SportsRec.com states: For sliders shorter than 48 inches, if the distance between the end of the slide and the water, known as the drop, is 3 inches or less, the water depth should be 2 feet. For sliders taller than 48 inches, the pool must be at least 3-feet deep, with some manufacturers requiring 3 1/2 to 4 feet as a minimum.

The slide manufacturer should specify exactly how deep a pool needs to be to accommodate their slide. for exact depth specifications.

As for commercial water park slides, there are codes, regulations, and engineering factors that determine the minimum depth their pools must be in order to be compatible with their water slides. Failure by water parks to adhere to these requirements can cause serious injury to users and give rise to a negligence lawsuit against the park.

Pool Slide Manufacturers and Recalls

Some of the more popular pool and water slide manufacturers are:

  • R. Smith (recall of the S.R. Smith Helix slide because users could fall off the side of the slide before reaching the pool entry point)
  • Banzai (21,000 inflatable pool slides recalled because of safety hazards that authorities say led to the death of a 29-year-old Colorado mother who fractured her neck while using the slide; slide would unexpectedly deflate and collapse, causing injuries to users)
  • Global Pool Products
  • Intex
  • PowerPlay

Common Water Slide Malfunctions and Defects

Some examples of water slide equipment malfunctions/defects include:

  • Inadequate or Non-Existent Guardrails leading to users falling off the water slide
  • Cheap materials that cannot withstand repeated use or foreseeable weather/environmental conditions, causing the slide to come apart during use
  • Materials that crack or split, causing cuts and abrasions to users
  • Toxic materials (including in paints and finishes)
  • Cheap or inadequate fasteners that fail to secure the pool slide to the ground, causing the slide to shift or move during use
  • Unreasonably slippery materials used on the stairs or pool slide entrance, causing users to slip and fall while entering the pool slide
  • Poorly designed pool slide, including unreasonably steep or sharp angles which cause users to fall off the slide during use
  • Confusing or inadequate Installation Instructions: proper installation of a pool slide is imperative for the pool slide to be considered safe. Sometimes however, the installation instructions are so confusing or unclear that they can result in improper installation. This can give rise to a warning defect claim.

This is by no means an exhaustive list. If you or your loved ones have been injured by what you think may be a pool slide defect, call one of our experienced pool slide defect lawyers now for a free consultation.

Injuries Caused by Defective Pool and Water Slides

Injuries caused by defective pool and water slides can include:

  • Paralysis
  • Concussions and Traumatic Brain Injuries
  • Back and Spine Injuries
  • Broken/fractured bones
  • Limb disfigurement
  • Lacerations
  • Death

Determining Liability When Pool and Water Slides Are Defective

While every state’s laws are different, to prove a strict product defect claim under Nevada law, the plaintiff must establish that:

  1. The defect existed at the time the product left the manufacturer;
  2. The defect made the product unreasonably dangerous; and
  3. The defect caused injuries or damages

Proving that a product is unreasonably dangerous often requires experts and product testing, both of which demand significant case funding and knowledge regarding which experts to rely on and which tests to perform. Whoever you retain as your attorney, make sure they have a strong knowledge of which experts to rely on, and how to guide the strategy of your case in a manner that conserves valuable resources.

Get Help from Our Nevada, California, Arizona, and Utah Pool and Water Slide Defect Lawyers

Product defect claims are complicated by their very nature. If you or your loved one has been hurt by a water slide, pool slide, or other pool equipment that was defective or malfunctioned in some way, it is vital that you reach out to a SOS Injury Lawyers as soon as you can. Failure to file a lawsuit by certain deadlines (i.e. the “statute of limitations”) can result in you giving up your claim forever.

Whether you’re in Las Vegas, Los Angeles, Salt Lake City, Phoenix, or anywhere else in the country, we’re standing by and ready to assist you with your case. Our law firm has significant experience in product liability cases and our lawyers are ready to talk with you about your unique situation. We’ll provide a free review of your case, and will inform you about your legal options and the best way to pursue a potential claim. If you believe a water slide, pool slide, or other pool equipment may be defective, and that defect caused injury or death to you or your loved ones, call us now for a free case evaluation.

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

TALK TO US NOW FOR FREE

Recent Post

 

Get Help from Our Nevada, California, Arizona, and Utah Product Defect Lawyers