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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

See all MNHQ comments on this thread

Fell off water slide on holiday?

250 replies

cheekymonk · 11/08/2017 19:05

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?

OP posts:
youarenotkiddingme · 11/08/2017 22:57

When you are at the top of the ride you are on a flat platform. If sitting there for 10 minutes made you too weak to sit up and hold on tight then you really should have assessed yourself as physically unfit and unable to use the ride.
There are signs everywhere saying people shouldn't ride the flumes if they come under certain circumstances.

The park wasn't negligent in not knowing you couldn't physically manage the ride - you were negligent for continuing on the ride despite feeling before you set off that you weren't physically capable of managing it.

Do you have the discharge papers from the hospital? What do they say re injuries? And sis you speak to any of the translators at all whilst in the hospital?

IonaMumsnet · 11/08/2017 22:57

Just popping by to make clear that we won't let personal attacks stand. There are plenty of ways to disagree with someone without resorting to insult and attack and if it continues we will take further steps.

Bluntness100 · 11/08/2017 22:57

I think mumsnet has prerry much spoken with one voice.

You knew you were over rhe weight limit and hid it from the staff, got on anyway, then sat rhere not telling them as they deliberated
You Knew you didn't have the strength to hold on, again you didn't inform them of this,

You felll off,because you were both too heavy and didn't have the physical strength, instead of taking personal responsibility you wish it to be their fault, it wasn't, it was yours, for breaking the rules and withholding vital information,

Oblomov17 · 11/08/2017 22:58

Now hold on, Punnet.
No pun intended. That is vile.

It's a red ride OP. You thought it was Amber, but its not, it's a red.

I think this is going nowhere. But you sound like you are determined. Carry on.

cheekymonk · 11/08/2017 22:59

Just had a look at your link Barbaraofsevillenthankyou. I am trying to process events really and not making any rash decisions.

OP posts:
Rhubarbginisnotasin · 11/08/2017 22:59

Now hold on, Punnet
No pun intended. That is vile

I think enough people have reported it.

PinkPuffin · 11/08/2017 22:59

Interesting to see that my post saying another poster sounded like a vile person for fat shaming the OP has been deleted... Clearly on a par with some of the other insults flung at the OP here...Hmm

riverotter · 11/08/2017 22:59

'Mumsnet' has certainly not.spoken wih one voice for me. This thread is horrible.

riverotter · 11/08/2017 23:01

Incidentally OP would you like to buddy up for weight loss? Smile

I am seriously impressed with how nice you've been about some of these posts.

PigletWasPoohsFriend · 11/08/2017 23:02

@PinkPuffin MNHQ often delete posts that repeat something from a deleted post, even if it's calling them out.

cheekymonk · 11/08/2017 23:04

The park didn't make me go on any rides. I chose to go on them with the knowledge/info I had. It's late for me so I will leave the discussion for tonight. Thanks all for your input.

OP posts:
PinkPuffin · 11/08/2017 23:04

I know Piglet, but I don't think I did, precisely because of that. I think I said I reported the post and said that the poster sounded like a vile person. Ya know, without directly accusing them of being something horrid...

Starflame · 11/08/2017 23:05

Let's get the violins out for the money seeker Hmm

MsGameandWatching · 11/08/2017 23:05

Oh come on! This can't be serious. I think OP must be on the wind up. You made their jobs very difficult that day and now you want to sue them? YOU felt weak, you were collapsing even sitting waiting for the ride to begin. YOU could see the staff weren't comfortable with you being on that ride, why on earth did you go ahead? Not only that this was a ride you were on with your family/other people. You're lucky one of THEM didn't get hurt as you went into uncontrollable free fall down the slide in your shared tyre! I'm not sure I believe anyone could behave in such a selfish and ridiculous fashion.

cheekymonk · 11/08/2017 23:05

Didn't want to ignore you riverotter, thank you. Sounds a good idea 👍

OP posts:
Threenme · 11/08/2017 23:08

OP I don't think they were negligent, however I can completely see how you might think they are there to guide you seeing as they see 100s of riders a day. I'd also add that I admire you for refusing to let your weight affect the time you spend with your family. I think it takes guts to go to a waterpark and join in when you have said you saw people laughing. Most people are giving honest advice even if it's not what you want to hear but some people on here ar really nasty try your best to ignore.
On another note I think you'd struggle to sue the park anyway. Did anyone read about the whale trainer killed at loro parque? Complete press blackout and family completely powerless. From what I've read Tenerife is run by a few powerful and rich people. It would be very hard id let it go.

TrollTheRespawnJeremy · 11/08/2017 23:09

Sorry you had an accident OP but I think it's just one of those things.

I have a dodgy leg and so don't go on these things because I don't want to put myself at risk.

I think when you're not 'regular', you are more mindful of situations that you put yourself into.

I spent a lovely afternoon lazing in the shade under a tree (with some ants unfortunately) while DD and DP did the waterpark thing this year. They understand that while it might be fun- I just can't risk the aftermath of something going wrong.

WanderingStar1 · 11/08/2017 23:10

Poor OP. I don't think you have a case for suing at all - but of course you wanted to join in with your family's activities, and some PP's have been horrible about your weight. Sorry it went wrong and hope the rest of your holiday was lovely!

Rhubarbginisnotasin · 11/08/2017 23:10

It's late for me so I will leave the discussion for tonight. Thanks all for your input

Riverotter has offered to buddy up with you and I quite fancy a buddy as well.

Perhaps we all could sort something out.

flimflaminurjams · 11/08/2017 23:12

I think you were negligent tbh.

Negligent in thinking that the ride was an amber, when other posters have said its red. Negligent in portraying that you could support your own body whilst on a ride, negligent in not being able to hold on for a minute...

BTW, this is not a size issue - I have a scrawny DD, but she can hold her own, is super strong, pull-ups etc. I can lift twice as much weight on the leg press than former semi-pro rugby player DH (his dodgy knees lol). Its about knowing and accepting your ability and whether you can cope or not. You couldn't and now you are accusing the park of being negligent?

You had no idea what they were saying at the top of the ride, they could have been ordering their lunch or arranging next shift.

Sorry you got hurt but I don't see negligence here.

stellacat123 · 11/08/2017 23:12

Sorry you got hurt but you're an adult and chose to go on the ride, this is implied consent. If you couldn't follow the basic instruction to hold on it's no one else's fault. If you waited at the top for 10 minutes, you had 10 minutes to change your mind. What did you expect to happen if you weren't holding on properly? I would expect they kept you waiting longer as they were making sure those in front of you were off the slide so you didn't ram into them at the bottom. No one else is responsible for the choices YOU make.

youarenotkiddingme · 11/08/2017 23:14

I'm sorry you got hurt.

But you wanted advice and I've asked you very straightforward questions which you've ignored in favour for repeating the same info over and over again.

What's the point if you are going to ignore posters who lived there for years and have experience of the hospital?

EveryDayANewName · 11/08/2017 23:16

OP,

If I were you I would try and find out which government authority deals with health and safety in Spain and I'd report what happened to them. I think there is a lesson to be learned by the water park and that they should be careful when deal with their heavier customers. This would probably be he most effective way of trying to ensure that no one else ends up having an accident like yours.

I don't think it would be fair of you to pursue compensation. It's clearly marked as a red ride and I think you were at fault for not saying or doing anything once you began to feel weak and anxious. They had no way of knowing that you were feeling that way.

lalalalyra · 11/08/2017 23:20

You are not going to get anywhere with a legal claim.

Water slides are dangerous. Anything that involves going from high to low fast is dangerous. It's why they have signs everywhere warning you that slides are dangerous.

I get what you are saying about the wait making you weaker. Holding on for dear life for one minute is a different prospect to holding on for dear life for 10+ minutes, however the responsibility for holding your hand up and saying "actually, I need a few minutes before I can go" or "actually, I can't do this now, my arms hurt to much" only falls on one person - you. The reason you needed to hold on during the whole wait would have been in case your tube suddenly moved - if they weren't bothered about safety then they'd have just ignored you for 10 minutes.

Unless you speak Spanish you have no idea what the lifeguards were talking about on the radio. The people before you may have taken ages to get out, the lifeguards may have been changing over, the bottom lifeguard may have been dealing with someone who'd falled, they could have been cleaning vomit from the bottom pool, or the traffic light buttons they use could have had a fault - it could have been anything.

I ended up with stitches on a similar ride. I just didn't deal with a bump the way I expected (got water in my eye so closed them and didn't see it coming). It happens. People do get injured at parks, no-one expects it to be them, but it does happen.

Ceto · 11/08/2017 23:21

It does sound to me inherently dangerous to have a ride that people can fall off so easily with the risk of such serious injury. 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.

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