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There’s nothing more enjoyable on a hot Texas summer’s day than taking the family to Splash Kingdom, one of the most popular water parks in Texas. From water slides to a lazy river, there’s something for everyone.
Lone Star families may be especially looking forward to trying Splash Kingdom’s newest ride, the Texas Tornado, which promises thrills and excitement located at Splash Kingdom: Wild West. However, their newest ride has also resulted in several Splash Kingdom injury accidents in it’s first season and — at other locations — two Splash Kingdom deaths in 2019.
If you or a loved one have been a victim of Splash Kingdom accidents in Texas, you may be able to file a lawsuit against the theme park for negligence or oversight. A Dallas personal injury lawyer from Crain Brogdon, LLP can help build a case and gather evidence on your behalf to prove the negligence of the theme park.
Crain Brogdon, LLP is a law firm with several specialties concentrating on personal injury. Our award-winning legal team has won a collective $355 million in damages in jury awards and settlements on behalf of our clients since the firm was founded.
Although no amount of money can fully help compensate you for Splash Kingdom injury accidents, the damages we seek on your behalf can help you and your family put your lives back together and pay for medical treatment and rehabilitation necessary to do so after the tragedy.
At Crain Brogdon, LLP, our exceptional legal team has:
Attorney Robert Crain and Quentin Brogdon have more than 50 years of combined experience in civil trial advocacy. Attorney Brogdon has been included in the “Top 100 Super Lawyers” by Texas Monthly, as well as one of D Magazine’s “Best Lawyers in Dallas.” He is a trial lawyer, board-certified in personal injury and trial law. While Attorney Crain was also nominated as one of D Magazine’s “Best Lawyers in Dallas.” in addition to being named one of the ““Best Lawyers in America,” for Personal Injury Litigation. Both attorneys also have numerous leadership roles in the legal field.
Attorney Brogdon has also assisted in building cases on behalf of families affected by theme park-related deaths, so the firm has experience in these matters. Our legal team understands the unique challenges that lawsuits for Splash Kingdom accidents entail, and he has the background knowledge required to construct a strong claim on your behalf.
There are few legal teams as experienced and skilled as those at Crain Brogdon, LLP. Our exceptional case results speak for themselves, and we focus on providing you with the compassionate representation you deserve.
We know that Splash Kingdom accidents can be frightening and traumatic and may have life-changing consequences. We’re willing to fight hard and go the extra mile to ensure you get the civil justice you deserve.
Your Splash Kingdom injuries lawyer will gather evidence to help build your suit, including any video footage of the accident, witness statements from both park visitors and employees, and even hire expert witnesses to evaluate the accident and the extent of your injuries. We believe in a thorough, independent investigation into your case.
Concentrate on your recovery and your family, and allow the Crain Brogdon, LLP legal team to handle the legal aspects of your case. You can focus on your family, healing, and rehabilitation, and we will take care of the court filings and other law concerns.
To win your Splash Kingdom lawsuit, your lawyer first must prove that the defendant, Splash Kingdom, showed disregard for the safety of park visitors or was otherwise negligent. Four elements go into proving negligence in a personal injury case:
Negligence, in legal terms, means that one party (or perhaps multiple parties) engaged in reckless or careless behavior that resulted in harm or death to the other party.
Thus, the negligent party or parties would be legally liable for the injuries suffered by the victim or, in the case of Splash Kingdom deaths, responsible for wrongful death compensation. Legal disputes typically use this method in personal injury lawsuits to determine fault for the accident.
Theme parks like Splash Kingdom: Wild West owe park visitors a legal duty of care to operate rides and train their employees in a reasonable manner. If they fail to uphold this duty of care, they may be held legally liable for any injury or death that results.
A breach of duty of care is what your Dallas Splash Kingdom injuries lawyer must prove that the defendant committed. A breach of care can include taking actions or failing to take actions that any reasonable person or prudent company would take in similar circumstances.
The “reasonable person standard” is what courts use to determine negligence. It’s also used to determine the degree to which the company was negligent.
Causation is the link between the theme park or employee’s actions, the accident, and your injuries or the death of your loved one.
It’s not simply enough for your Dallas personal injury lawyer to demonstrate that the theme park was negligent or that the employee didn’t do their job properly. They must prove that your Splash Kingdom deaths or injuries directly resulted from their behavior or oversight.
Finally, your personal injury accident lawyer will have to prove that you or your loved one suffered monetary damages because of the injuries, like concussion or TBI, from your accident.
This can include medical bills or lost wages from work because you had to take time off after the accident to heal. Your lawyer will also ask the court for a financial way of compensating you for these losses.
Each state has different laws for proving negligence. Texas is considered an “at-fault” state, which means that the party who is responsible for the injuries of others is also the one financially responsible for compensating the injured party. In Splash Kingdom: Wild West Texas Tornado accident cases, the responsibility may be in many places:
In some personal injury cases, the state or local agency responsible for licensing and regulating theme parks may also be added to the case, as they may not have completed due diligence in inspecting the rides, facilities, and the theme park’s safety regulations and best practices.
However, there are no regulations for water parks in Texas, so your Crain Brogdon, LLP attorney will concentrate on those parties who may have played a part in your Splash Kingdom injuries.
Texas uses a modified comparative negligence formula to calculate compensation and damages in personal injury cases, also referred to as proportionate responsibility. This means that the ride passengers could be partially at fault for causing the accident.
If, for example, you loosened the restraints, or you had your body placed improperly, and therefore the safety restraints didn’t hold you properly, then the court may find that you were 10% responsible for the accident, and the defendants were 90% responsible for the accident.
Therefore, when calculating the award or settlement, you’ll receive 10% less than the total award. If the damages were $400,000, then under modified comparative negligence, you’d receive $360,000 — 10% less than the total award. However, you wouldn’t be eligible for damages if you were more than 50% responsible for the accident.
Your Dallas Splash Kingdom injury accidents lawyer will be able to estimate what percentage — if any — of your Texas Tornado accident was your fault and tell you how your claim could be affected.
At Crain Brogdon, LLP we aren’t afraid of taking on the most complicated cases or those with multiple defendants. Nor are we intimidated by big corporations, like theme parks or ride manufacturers. We are still ready to fight for your interests, even if you think you may have been partly to blame for the accident.
The Texas Tornado is a new ride launched in 2022 at the Hudson Oaks Splash Kingdom: Wild West. It’s an enclosed, single-person water slide with fast acceleration, steep drops, and a spiral deceleration ring that drops the rider into a 4-foot catch pool.
However, right after the launch, there were already injuries reported, including one that occurred in June 2022. Where a teenager has suffered a Traumatic Brain Injury. Before this, Splash Kingdom water parks in other cities — such as Canton, TX and Shreveport, Louisiana — had park visitors die onsite.
Our Dallas personal injury and theme park accident attorneys work with clients just like you across the Metroplex and the Lone Star State. Although each case is different, many of our clients ask us several common questions.
ou already know theme park accidents and Splash Kingdom deaths can be frightening and traumatic. According to the International Association of Amusement Parks and Attractions (IAAPA), in 2019, fewer than 1,300 ride-related injuries occurred across the nation, representing less than one injury per million rides park visitors took that year. However, when these accidents do occur, they can be life-altering.
We represent clients throughout Texas and give each client our cell phone numbers and encourage you to reach out if you have concerns, questions, or need guidance. Personal injury cases can be emotional for our clients, and we believe in treating you like family and friends as we advocate for you.
Alcohol may contribute to unsafe behavior when riding Splash Kingdom rides. However, it’s also the responsibility of the park to monitor guest alcohol consumption and for employees to ensure that intoxicated people don’t get on rides.
Unlike large, multinational law firms, the Crain Brogdon, LLP firm offers high-level service for our clients, including meeting with senior-level, experienced lawyers. You’ll receive our full attention when discussing your case rather than meeting with a junior staff member.
This is not an exhaustive list of questions. But please feel free to ask other questions or discuss any concerns you may have at your initial consultation with your personal injury lawyer.
In the immediate aftermath of a Splash Kingdom accident, injury, or death, you’re probably worried about your loved ones and your injuries. You probably aren’t wondering if you need a lawyer.
However, even when you have a million questions after the accident, you can count on Crain Brogdon, LLP to have the answers you need. For a free, confidential, initial consultation about your accident, call us at (214) 522-9404.
Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]