Who is responsible for a head injury from a rented waterslide?
I was at a hotel party with an organization that rented a water slide. The hotel where we had the party was not aware that we rented this water slide. When I was going down the slide I came out the side of an opening on it before I got to the end, and I hit my head on the cement which resulted in a concussion.
My question is, who is responsible for my injuries and can I sue anyone for this? I do know that the party organizer signed a liability wavier from the rental company, so does that make him responsible or the hotel? Thank you for any analysis of this you can provide.
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ANSWER for "Who is responsible for a head injury from a rented waterslide?":
Steve (Philadelphia, PA):
The hotel is not likely liable if they didn't know about the slide, nor give permission to the party giver to have it there. However, even without prior knowledge, if the slide became obvious to the hotel management or employees and the hotel ignored the slide, then the hotel may be liable.
While the rental company may escape liability for your injuries as a result of the party giver having signed a waiver of liability, if the party giver was unaware there was a tear in the slide, and the slide was delivered to the party giver from the rental company with the tear, then the rental company may have some liability.
However, if the party giver became aware of the tear prior to, or during its use, and failed to stop guests from using the slide, then the party giver may be liable.
Take a look at these factors that can affect your settlement payout.
You may not need to sue anyone. If your injury was limited to a concussion, and the concussion required only a few days of rest, then you can submit your damages (including medical bills, out-of-pocket expenses for medications, lost wages, an amount for your pain and suffering, etc.) to the party giver.
Do the same to the hotel. The hotel had a legal duty of care to make sure its property was safe for guests. If the hotel permitted the slide to be there, or ignored it, then they may have breached their legal duty of care. That breach is considered negligence.
You can learn more about the negligence in personal injury claims here and here.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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