VIDEO: Family of child injured at Dublin water park files $2.5M lawsuit

DUBLIN (KRON) — The family of a boy badly injured at a water park in Dublin last May is filing a lawsuit against the city.

On The Wave’s opening day, the 10-year-old boy was thrown from the Emerald Plunge slide onto the concrete ground.

He sustained scratches on his back and was able to walk away before being helped by a lifeguard and a city employee.

The water slide has been closed since the incident and Cal/OSHA is investigating.

KRON4’s Haaziq Madyun is in Dublin Tuesday morning, where he obtained paperwork from the lawsuit.

The complaints include:

  • Negligence
  • Strict Products of Liability
  • Breach of Implied Warranty
  • Negligent Infliction of Emotional Distress
  • Intentional Infliction of Emotional Distress
  • Loss Filial Consortium*
  • Loss of Consortium *
  • Negligence Per Se: Violation of  California Labor Code 7920-7932

*The legal definition of “consortium” is the right of association and companionship with one’s husband or wife

This is the statement issued Monday, November 13 by the City of Dublin before charges were filed:

The City of Dublin continues to express its sympathy and concern for the 10-year-old boy that was injured on May 27, the opening day of The Emerald Plunge waterslide and The Wave Waterpark.

Immediately after the accident, the City took the appropriate action and closed the waterslide, and one other nearby, to review, check, and ensure safe operation. These slides have remained closed while the manufacturer performs additional safety testing.  They will remain closed until state safety officials give their approval for the City to re-open and operate them again.

Prior to the opening of the park, the slides were tested and approved by the manufacturer and State of California safety regulators.

As to the legal action threatened, the City and its legal representatives have attempted to reach an amicable settlement with the family.  However, the family lawyer has refused to provide any information about the family’s injuries that would be necessary to resolve the claim.

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