Q: i injuries my shoulder while at the water park in NJ. want to understand if i can have a viable case as now need surgery
Im not a US citizen , going to school in NY.
Went to water park in NJ
I also earn my leaving by coaching tennis and wasnt able to do so since the injury day. in July and now it is January .. 5-6 months past (it was summer so my insurence wasn't active then)
didn't file any claims immediately , however on the 2-3 days my pain got worse and i went to see a chiropractor I also wrote to a friend who is a lawyer asking if i can claim damages in case my shoulder is injured beyond just a stretch . He replied that when we bought a ticket to a park we agreed to a disclaimer they have on a ticket that injury is possible and park is not liable ,. After a chiropractor session i 've waited 2 months. and then saw a doc and did therapy,shoulder didnt get better . Now after an MRI, it appears i have a tear and need a surgery.
Can i have a case and claim damages due to injury and also cause i couldnt work all this time ,and need a surgery . How would i proceed if yes. thanks
A: The viability of a case will depend on whether the park is private or public, the language of the disclaimer or waiver, the enforceability of such a waiver in the State, and the cause or reason for the injury. A water park is not automatically liable for every injury that takes place. For any water park or amusement park, there are some inherent risks with the activity. The case will depend, in part, as to the foreseeability and preventability of the injuries you sustained.
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