Fell off water slide on holiday?

[cheekymonk]

Hi there. Have just returned from holiday on the Canaries and whilst there visited the obligatory water park. I had been on several slide whilst there, not consumed any alcohol
And had taken regular breaks and had top on to avoid sunburn. Whilst I was riding on a four ring ride with my DH, DS and DD I fell out of my tyre and hurtled out of the slide at speed, banging my head, losing a fair bite of blood and suffering amnesia. The lifeguards were attentive and I was cared for until an ambulance arrived. I was then taken to hospital and had an overnight stay. I was given 6 stitches and on an IV drop as
Not allowed food or food drink due to possible scan the following day(not done). I had an X-ray and was then certified fit to fly by Dr. I had travel insurance and paid the excess.
My query is whether the park was negligent? The attendants kept us waiting at top of slide for approx 10 mins. I am very obese and I think they were unsure about allowing me to ride. However I had been on an identical ride previously and been ok and the wait made me more anxious and weaker as they kept telling me off and to hold on tighter and keep my back straight. I struggled to do this for the time they kept us waiting which was much longer than others.
My head is painful and I feel the holiday was ruined by the experience. Not sure what to do? Any suggestions?

I dont think it sounds like the park was negligent, I think you just need to chalk it up to experience. You admit that you were finding it hard to hold on before the ride even started. The staff wouldn't have known this unless you told them and if you were struggling you should have said something and got off.
I'm sorry that it spoilt some of your holiday.
I'm shocked at the nasty personal insults you have had on this thread.

Harness is a really bad idea. Would mean the op couldn't have floated free. There's a good reason they don't have a harness on those rides

To people who say things like "How were they negligent?!", potentially in the design of the ride. Even if the operators do everything 'by the book', if the ride has a design flaw that causes an injury then there's possible liability for that.

Although with OP's statements that she did not come out of the slide, I think any case is much weaker. To me there's a difference between a risk that the park can't really mitigate - someone letting go of the handles and falling out of the rubber ring and whacking against the slide walls - and something they can mitigate - flying clean out the slide, as took place at an American waterpark recently and what it sounded like when OP started the thread.

I'm sorry you are getting such unpleasantness here OP. I know as a very overweight woman how difficult it is, you want to join in with the family and make memories but it is not easy and it takes courage to do that.

Having said that, I don't think you have a case here as these places always have the caveat ride at your own risk and, I think, that and the language barrier will preclude a claim. If you are unsure then speak to your travel insurers but don't stress on it.

Please ignore the ignorant, judgemental fattist posts you have had here. It says more about the posters than about you

I would have thought that a harness would have been the minimum precaution required, so there could well be negligence on the part of the people running this

I think on a water ride a harness could hinder a person saving themselves from drowning. There you are upside down on a ride wth your head under water and you can't get free because you're in a harness.

The park was not negligent here. It is absolutely not their fault that you are unfit and have no core strength.

They will have told you to sit up straight and hold on tight before the ride started so this sort of thing didn't happen. You obviously weren't holding on properly, else they wouldn't have needed to say that, so that is why you fell off.

Not their fault at all.

I would have thought that a harness would have been the minimum precaution required,

A harness would be dangerous on this sort of ride.

A harness on a water slide is a terrible idea.

People take risks. With risks comes occasional injuries. It's why there are signs, and why people need to use common sense and know if their health and fitness is up to the activity.

I'm not sure that you have a negligence claim, but I sympathize with the crappy time you've had. Both the accident, and the rude people mocking you.

OP, good luck with the weight loss. I hope you can be motivated by the frankly repulsive people on here who cannot see past your weight. All the best to you.

I think it's probably one of those things. I've been flipped out of rings at water parks on a few occasions (I'm reasonably slim- 65kg) and weight imbalance on the ring exacerbates it (e.g. It's mainly flipped when I've been on with one of the DC). It must have been horrible, but I don't think there's grounds for suing.

One of the problems I think is that there are obviously sensitivities around weight and so park staff can be reluctant to say to someone "you're too heavy" unless they're convinced it'll be an issue.

No, the park was not negligent.

You knew you were probably over the weight limit.
You knew that, for whatever reason, you were weak and not able to grip the ride strongly.

You made the choice to proceed.

I am, however, sorry this happened to you and hope that you feel better.

Youarenotkidding, just reread your questions. Yes I have discharge papers and yes I did speak to translators. Papers confirm stitches but no fracture and medication to use afterwards and to visit GP for stitch removal.

OP, just sending you a little support.

I just YouTube'd the ride and can see why you didn't immediately see the risks, given that you sit flat with flat legs, and there's no buckle etc to hold you in place.

Your children must have been terrified. How are they feeling now? The outcome of your injury could also have been much worse.

Well done to you for not letting your weight, wherever possible, keep you from participating. Also well done for your determination to do something about it.

I'm not someone who believes in compensation for money-making purposes. But I do believe in a good, firm complaint and asking for a full investigation. If the staff weren't sure that you were safe to ride, they should have been sure. Their training should give them the ability to visually risk assess situations and having those sensitive conversations when there are reasons people can't ride. If there are frequent accidents on the ride then they should absolutely revisit safety precautions - and they should do this as a result of your accident alone. A simple sign giving an indication of height/weight maximums would have shifted the liability to the customer.

I hope you feel better soon.

Sorry this happened to you OP it sounds really scary, especially after watching the video someone posted of a similar accident I don't know why people are being so mean to you on this thread either there's no need really is there

And I do think you should do something, I don't know what, a complaint or something just so they can maybe be a bit more aware and maybe stop it happening to someone else.

I am sorry you were hurt. I should have said that already and I'm sorry

But you need to realise that this is your responsibility.

As well as thar, to be technical, you fell out of the tyre, not the slide.

And the difference is that falling out of the tyre was due to the fact that you yourself could not hold on.

Falling out of the slide implies you left the confines of the slide went over the walls of it somehow and landed on hard ground not water.

You didn't. You fell out of the tyre.

It doesn't sound from what you've said that there's much of a case for negligence or any kind of private suit (you've had no loss of earnings, insurance covered the medical care etc).

Is there a Spanish equivalent of the Health and Safety Executive or similar who you could report it to if you have concerns about the ride or the park in general? Presumably they must have some form of mechanism for recording accidents and if there were a large number relating to that same ride it could be cause for investigation.

I could have held on if not made to wait so long!

You have no idea what wouldbhave happened if you went straight away.

I mean this kindly op. As a former obese person myself. You shouldnt have been on that ride. Your weight is the reason. Its not the waiting, or how fast. It was that you could not hold on, because of your weight.

The lifeguards dont know how much you weigh or if you are strong enough to hold on. Thats a choice you make. People of all weights wont be strong enough. Thats the judgement call they make for themseleves.

If the lifeguards had of asked you how much you way or if you really thought you could hold yourself on, there would be cries of fat shaming.

You want someone else to blame so you dont have to blame you or your weight. You dont want to accept that your weight is the reason you fell out. Its hard to accept it. I know.

Move on, tackle the weight issue.

People will always be injured in these parks. Its what happens. There is always an eliment of risk in these parks.

You can email Siam park and tell them that due riding the slide you received this injury. Ask them to contact you about their review of the situation and if any policy changes have been made.

Did you travel with a tour operator? Did you report the incident to them whilst abroad? Did you buy the rockets from them or were you on a package where access to the water park was part of the package?

I honestly don't think you'd be able to claim negligence here and the injury you received was a pretty standard injury for whacking your head (stitches and concussion) - but it is worth highlighting the incident for review to see if anything needs changing to prevent it happening to someone else.
That's very standard after any accident.

I'm sure the water park is aware of the accident , surely they must have an accident book , the Op won't be the first person to have injured themselves there.

I know but she feels like she needs to chalk the park weren't negligent and this is the best way to go about making sure they are following policy.

OP I'm sorry you were hurt but as with others I don't see how the park were negligent. Yes they made you wait - but if you really didn't have the strength to sit in the required position before the ride even started then I'm not sure how you expected to stay that way once you were on your way!

Being morbidly obese sucks and it does impact on your life - not just for health reasons; this is one of those occasions where perhaps you should have realised that being so big meant that you couldn't take place in a family activity and should maybe have chosen to go back down the stairs rather than go ahead with the ride when you were clearly struggling. And I say that as someone who is also morbidly obese and has had the humiliation of not fitting into a rollercoaster harness so I do know how it feels!

I do actually have some empathy for you. I can see how it would have happened,

You want to join in with your husband and kids. This is totally normal.
But as responsible parents neither of you should have ignored the weight limit knowing you were over. You could have hurt one of the kids.

Once you're in, it's hard to stand up and get off. Causing disappointment and embarrassment, I can see why you'd maybe just stay seated and hope for the best.

I think you're upset and embarrassed about it, so you're looking for someone to blame, to make someone pay. It's easier than saying " what the hell was I thinking"

But there is a personal responsibility here. The park cannot be more at fault than you and your husband willfully ignoring the weight limit and you knowing you were struggling and not saying anything, especially not with your kids impacted.

If they had said something, would you have got off? If they had said are you sure you're all within the 315, would you have said, no we are not, so we shall leave, sorry kids, or would you have said yes, and got on anyway?

What is it you hope to gain? Do you want the park to start to ask seriously overweight people their weight? To sign disclaimers? To weigh them? That the sign isn't enough? They need to also be asked? For staff to be able to look at them and make a judgement because they can't be sure they will do it themselves?

You won't get financial recompense, but I would think about what you're trying to achieve here.