NT, Can I Sue? Vol. Injury

[fresh2deff]

Ok, long read..... So me and two of my friends went to a waterpark today and before we left I got on one more slide. So im at the top waiting to slide when the life guard person watching the slide says I can go, BUT the little light at the top was red, not green. I tell her that but she insists its safe. So I go down the crazy tunnle slide and when I get to the end, theres a kid (like 10yrs old) standing 5 feet from the exit with the life guard who watches in the pool that you land in at the bottoms of the slide. I see them at the very last second and turn to avoid smashing into them. I SLAM into the concrete floor of the pool with my left knee. This %+*# hurt so bad but I got out and figured you know, I hit it, it hurts, but ill walk it off like a man. Well I make it to my friends car limping and the whole ride home its killing me. I try putting pressure on it getting out of the car and the pain is unbearable. Now, 4 hours later, ive been laying in bed because I cant walk without wanting to cry. Sooo to any lawyers in here, can I sue if I go to the ER and I end up with something seriously wrong??? Thank you in advance! Im in AZ if that matters..

 

[doublejs07]

You should have said something then and raised a stink. It's your word against hers with no evidence other than a hurt knee. She could say that the light was green and the kid just happened to wander over. I could be wrong, but I don't see how you're going to get anything out of this.

 

[a55a5in11]

dont sue your leg will fell fine. but last weekend at disneyland i was unbuckling my seatbelt after autopia and got rear ended hella hard. my back hurt for a good 24hrs. me and my girl joked about how some people would sue

 

[jumpman2314]

Not a lawyer but the fact the you didn't report it/call for an ambulance immediately after it happened would probably hurt your chances.

 

[ohyeah10]

yes, sue them for 1 million dollars right now

 

[wade187]

Dog you ain't about to see that money for years. You better get your %%+ up and go fix your leg or get a new one. You was looking like food before, but now these zombies ain't gonna hesitate. 

 

[rawex5]

If that happened to me, I would have done the Peter Griffin until the ambulance came and got me. A crowd of lawyers meet you there.

 

[es el]

 

[fresh2deff]

I mean I figured I could brush it off because it didnt hurt as bad as it does now. My boys were standing there waiting for me and they seen what happend. They got loud about the kid being in the pool still but I told them to shut up since we were leaving right after. But now its KILLING me since I left .But couldnt my boys be on my side as witnesses if I did sue?? The dumb broad lifeguard working there didnt ask if I was ok or nothing because she was more worried about her hair getting wet smh..

 

[bandit country]

Forward the ambulance call report and the police report to your lawyer. Also be sure to include the names, telephone numbers, and addresses of the witnesses that can back you up at a deposition.

 

[midnight hype]

Originally Posted by DoubleJs07

You should have said something then and raised a stink. It's your word against hers with no evidence other than a hurt knee. She could say that the light was green and the kid just happened to wander over. I could be wrong, but I don't see how you're going to get anything out of this.

True.

 

[gokickrocks]

Originally Posted by DoubleJs07

You should have said something then and raised a stink. It's your word against hers with no evidence other than a hurt knee. She could say that the light was green and the kid just happened to wander over. I could be wrong, but I don't see how you're going to get anything out of this.

As someone in law school, this is the likely result. Even if the lifeguard said you can go, you knew that the light was red and that would hurt your case (assumption of the risk).

 

[6 Rings G.O.A.T.]

You should've mentioned something when it happened.. you also should've went to the hospital immediately after..

 

[frenchhustler19091]

Unless you have a serious problem that'll cost a large amount to fix (10k+), you could still get $ with small claims.
I'd still make sure you have serious witnesses, can get dirt on the life guard to prove she's a bum, and show proof that you needed medical attention.
Gather proofs & photos of injury....

Good luck...

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I wouldn't go through the hassle unless you really need the hustle.

 

[cristobal]

double

 

[kickstart]

Originally Posted by Jumpman2314

Not a lawyer but the fact the you didn't report it/call for an ambulance immediately after it happened would probably hurt your chances.

 

[cristobal]

Can you sue? Of course! Should you? Probably not. The Water park definitely owed you, as a patron, a duty of care since you were on their property and utilizing their services. Yeah, the employee was negligent in signalling you to go and since businesses are liable for their agents, you could sue them both. NOW, this is the part that sucks; pretty much every state observes a contributory negligence/comparative fault rule. Yeah, the employee was negligent in allowing you to proceed, but you also contributed to the resulting harm by going when the light was clearly red, you voiced concern so you knew the danger, and a reasonable person in that situation probably would have waited to the light turned green. Under those facts, you're somewhat liable, which would decrease your damages drastically or even make them nominal after you pay a lawyer to take the case. So all in all, I would take the L and keep it moving.

Oh, and btw, assumption of risk only applies to abnormally dangerous activities where the particular type of harm is forseeable and cannot be prevented without nullifying the general idea of the activity-i.e. excitement, danger, thrill-seeking. Going to a waterpark doesn't fall under this category.

 

[flipnkraut]

Your fault, you shouldve taken the kid out.

 

[cristobal]

Can you sue? Of course! Should you? Probably not. The Water park definitely owed you, as a patron, a duty of care since you were on their property and utilizing their services. Yeah, the employee was negligent in signalling you to go and since businesses are liable for their agents, you could sue them both. NOW, this is the part that sucks; pretty much every state observes a contributory negligence/comparative fault rule. Yeah, the employee was negligent in allowing you to proceed, but you also contributed to the resulting harm by going when the light was clearly red, you voiced concern so you knew the danger, and a reasonable person in that situation probably would have waited to the light turned green. Under those facts, you're somewhat liable, which would decrease your damages drastically or even make them nominal after you pay a lawyer to take the case. So all in all, I would take the L and keep it moving.

Oh, and btw, assumption of risk only applies to abnormally dangerous activities where the particular type of harm is forseeable and cannot be prevented without nullifying the general idea of the activity-i.e. excitement, danger, thrill-seeking. Going to a waterpark doesn't fall under this category.

 

[nineteen92]

Originally Posted by bakedFresh707

�Lol wut?

But good luck, OP. It seems like you would've had a better chance suing if you said something at the time of the incident.

 

[shoedinidc]

forget about it and heal up. You're chance to get paid was done while you were bein a man and walking it off. My advice in the future would be to cry like a lil girl and attract the attention of management and get an incident report filled out, go to the hospital and consult an attorney within a day or so. Get paid sons

 

[6 Rings G.O.A.T.]

Get well soon..

 

[coolgraymemo]

You should have called the ambulance.

Go to the doctor. Let him fix ya up.

 

[eight2one]

back to the water park, pretend to get hurt....then get medical attention to prove you were really injured.

 

[weekz]