Legal Question in Personal Injury in Ohio
Slip and fall liability
While vacationing in Ohio last summer, my son slipped and fell at an indoor water park. He had exited a pool, and slipped on a puddle outside the pool. We filed an accident report on the site.
He cracked his 2 front teeth. This incident is not covered under our insurance and the water park claims they are not responsible. The Dental bill is about $2000. The question is can the water park be held liable, and if so, how to recoup the money from them.
Thank you.
2 Answers from Attorneys
Re: Slip and fall liability
Water in a water park seems to be a risk he assumed. I am sure they had some sort of waiver of liability on their entrance ticket.
Re: Slip and fall liability
While it is unlikely that any legal duty existed and that the risk of this type of injury was probably an assumed risk and thus the park would probably not be responsible, if it can be shown that the conditions outside the pool were unreasonably dangerous and that the collection of water was in an unsafe location you might be able to create a duty. However, the park may have medical payment coverage that should cover injuries to park invitees regardless of fault and I would demand that you be provided with information as to whether they maintained medical payment coverage which might reimburse you for the medical/dental expenses.
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