Water Park Accident Claims

Water parks are an excellent way to cool down and have some fun during the warm summer days. While most people have a good, carefree time, accidents can and do unfortunately happen sometimes. When negligence is involved, you may be eligible to make a water park accident claim.

If you or a loved one suffered an injury at a water park through no fault of your own, do not hesitate to seek legal advice and find out if you can claim. Your compensation will cover your pain, suffering and any related financial expenses, such as lost wages and private medical care.

For a free case assessment, call 0800 470 0474 today or use our contact form to request a call back.

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• What is the duty of care of water park owners and operators?
• Can I claim compensation for a water park accident?
• Can I claim if I'm injured in a water park accident abroad?
• What should I do if I have an accident at a water park?
• What evidence do I need to claim for a water park injury?
• Common types of accidents at water parks
• Common injuries caused by water park accidents
• My child was injured at a water park. Can I claim on their behalf?
• Is there a time limit to start a personal injury claim?
• How much compensation could I claim for a water park accident?
• Can I make a water park accident claim with a no win no fee service?

What is the duty of care of water park owners and operators?

Water parks are a popular destination for families and individuals who want to have fun and relax. With millions of visitors each year, water park owners and operators must take reasonable measures to keep everyone safe from accidents and injuries.

Their legal duties are primarily grounded in the Occupiers Liability Acts 1957 and include:

• Carry out regular inspection and maintenance of rides and facilities;
• Address hazards such as sharp edges, loose parts, spillages or structural defects promptly;
• Display adequate signs to warn visitors of potential risks, such as wet floors and deep or shallow water;
• Ensure all equipment is regularly tested and safe for use;
• Maintain sanitary water conditions to prevent illnesses caused by bacteria, chemicals, or other contaminants;
• Employ trained and certified lifeguards who can respond quickly to emergencies;
• Make sure all staff receive adequate training on how to do their job duties;
• Recognise that children are more vulnerable and create a safe environment for them to enjoy.

By fulfilling these duties, water park owners or operators can reduce the risk of accidents and injuries on their premises.

Can I claim compensation for a water park accident?

An accident at a water park may entitle you to make a personal injury claim for compensation. However, you must be able to prove the following for your case to have merit:

• The park operator breached their duty of care towards you;
• Their negligence led to some type of accident or incident;
• You suffered an injury or illness as a result.

Your solicitor will be able to prove that a breach of duty occurred based on the legislation and physical evidence, such as photographs, accident reports and witness statements. You will also need medical records to support your injuries and their impact on your life.

If all the above can be established and you are within the legal time limits to make a claim, your solicitor will work diligently to secure the maximum amount of compensation on your behalf.

Can I claim if I’m injured in a water park accident abroad?

If you are injured in a water park accident while on holiday abroad, you may still be entitled to claim compensation.

If the tickets were booked through your travel operator, you can claim against them under The Package Travel, Package Holidays and Package Tours Regulations 1992. Otherwise, your claim could be against the water park operator, and the rules and requirements may vary depending on which country you had the accident in.

For more information on accidents abroad, read our guide to holiday accident claims.

What should I do if I have an accident at a water park?

If you or a loved one have been involved in an accident at a water park and suffered a significant injury, you should seek medical assistance immediately. Otherwise, if you can, document the accident in as much detail as possible. For example, you could try to do the following:

• Take photos of the area where the incident occurred and any hazards that contributed to it.
• Take pictures of any visible injuries, such as cuts, bruises, swelling or broken bones.
• Ask for the names and contact details of others who saw the accident and can corroborate what happened.
• Report the accident to the park operator and make sure they fill out an accident report form. Ask for a signed copy of the report and ensure it includes all relevant details about the incident.

If your accident resulted in a personal injury, you should consult with a legal professional as soon as possible. They can advise you on your legal rights and help you navigate a potential liability claim against the water park.

What evidence do I need to claim for a water park injury?

You will need various types of evidence to support your personal injury compensation claim. Depending on the circumstances. This could include:

• Photographs of the accident scene, your injuries and any damaged property;
• If available, CCTV or video footage of the accident can offer an unbiased account of what happened;
• Statements from witnesses, as well as your own testimony about what happened and how it has affected your life;
• Medical records that prove the type and severity of the harm you suffered, the treatment you received and your recovery prospects;
• If you suffered a severe injury, your solicitor may also arrange a free medical exam with a specialist. They will assess the long-term consequences of your injury and your future care needs;
• A copy of an accident report filed with the park operator;
• Any correspondence between you and the defendant, such as letters or emails;
• Copies of safety inspections or health and safety assessments carried out at the park;
• You also need evidence to prove financial losses, such as receipts and wage slips.

Common types of accidents at water parks

While water parks are generally safe and fun, accidents can happen when adequate safety measures are not in place. The most common situations that could result in a compensation claim include:

• Slips, trips and falls due to poorly maintained walkways, slippery surfaces or a lack of barriers and other safety measures;
• Drowning or near-drowning incidents due to inadequate signage or not having a trained lifeguard in the area;
• Faulty equipment or ride malfunctions leading to falls, collisions or sudden jolts;
• Falling objects, such as fencing, signposts or ride equipment that could come loose and cause severe injuries;
• Poor hygiene in restaurants or contaminated water, which can lead to illnesses;
• Faulty safety features, such as guardrails, barriers, harnesses and straps on rides;
• Electrical accidents due to faulty wiring or equipment;
• Errors from ride operators leading to sudden stops or collisions;
• Collisions on water slides due to inadequate timing between riders or failure to enforce height or weight restrictions.

If you were injured in a water theme park accident due to someone else’s negligence, an expert solicitor could help you claim compensation.

Common injuries caused by water park accidents

Accidents at water parks can lead to various types of injuries, ranging from minor to life-changing. Below are some of the most common ones seen in water park injury claims:

• Whiplash and other neck injuries caused by sudden stops or abrupt movements on rides;
• Back injuries caused by falls and other incidents range from minor sprains and strains to severe spinal injuries;
• Broken bones often result from slips, trips and falls or falling objects;
• Cuts and lacerations caused by sharp or broken edges on rides can lead to scarring and infections;
• Sprains and strains from slips and trips, sudden jolts or awkward landings;
• Food poisoning from consuming unsafe food or drinks at outlets within the park
• Head injuries caused by falls, collisions on rides or falling objects;
• Chemical burns, respiratory issues or illnesses from exposure to poorly treated water;
• Entrapment injuries due to faulty suction drains;
• Psychological injuries caused by drowning, near-drowning and other traumatic incidents.

The type and severity of your injury will determine how much compensation you could be awarded if you make a successful water park claim.

My child was injured at a water park. Can I claim on their behalf?

When you take your child to a water park, you want them to have the best time. The last thing you would expect is for them to suffer an injury or get ill due to the water park’s negligence. If this happens, you may be able to claim personal injury compensation on their behalf.

We understand that no amount of compensation can make things better if your child is hurt or sick. However, a claim against the water park operator can help cover any medical care they need or the time you took off work to look after them, ensuring all your financial needs are met.

To make a claim on behalf of your child, you must first be appointed as their litigation friend by the court. The process is straightforward, and your solicitor will help you fill out and file all necessary paperwork.

Once appointed, the claims process will be the same as for any other personal injury claim. You will work with your solicitor to gather evidence and negotiate the best settlement possible on behalf of your child.

If the claim is successful, a judge must approve the awarded compensation during a court hearing. The money will then be kept in a court bank account and released to the child on their 18th birthday. Alternatively, it can be kept in a personal injury trust, which your solicitor will be able to discuss with you.

Is there a time limit to start a personal injury claim?

You generally have three years to start a claim if you’ve suffered an injury due to negligence at a water park. This time limit begins on the accident date and cannot be surpassed, or your claim will be statute-barred.

There are a few exceptions to this limitation period that might apply to your case:

• If your child was injured in an accident at a water park, the three-year time limit only begins to run on their 18th birthday. Before then, a parent or legal guardian can make a child injury claim on their behalf.
• There is no time limit if the injured party cannot handle legal proceedings. This could be due to the water park injury or a pre-existing condition like Down syndrome, autism or dementia.

No matter your circumstances, we advise you to speak to a specialist solicitor as soon as possible. This will help them access the evidence you need to support your claim and ensure you receive the maximum amount of compensation available to you.

How much compensation could I claim for a water park accident?

The compensation you’ll receive for your injuries will be calculated based on the specific losses you incurred. These are grouped into two types of damages:

General damages are awarded for the non-financial losses related to the injury. They are focused on the physical and emotional impact of the accident and could cover the following:

• Pain and suffering
• Scarring and disfigurement
• Loss of consortium or companionship
• Loss of amenity, such as the ability to engage in activities you used to enjoy
• Reduced quality of life
• Physical and mental disability

Special damages are awarded for financial losses and expenses incurred as a direct result of the accident, such as:

• Private medical treatments and ongoing medical care
• Loss of earnings and earning capacity
• Travel expenses for medical appointments
• Costs of modifying your home to accommodate disabilities caused by the injury
• Care and assistance with daily living
• The cost of medical equipment

Our compensation calculator is a quick and easy way to show you how much compensation you could be entitled to.

Can I make a water park accident claim with a no win no fee service?

If you were injured due to the negligent actions of a water park operator and you are entitled to claim, your solicitor will work on a no win no fee basis. This arrangement makes the process less stressful and more accessible because:

• You do not have to pay any legal fees upfront.
• If you win the claim, a percentage of your compensation, known as a success fee, will be deducted to cover your solicitor’s costs. This percentage is agreed upon at the start and is legally capped at 25%.
• If your case is unsuccessful, you won’t have to pay your solicitor’s fees, giving you peace of mind and financial security.

Furthermore, your solicitor can also take out ATE insurance for you. The ATE will cover all the litigation costs if you lose, including the defendant’s legal costs.

To find out if you are entitled to compensation for an accident at a water park, contact us by calling 0800 470 0474 or requesting a call back. You will receive a free case assessment and advice about your legal options, with no obligation attached.

Last edited on 8th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.