At a waterpark in Galveston, Texas, a lifeguard recently died in the wave generator room. The waterpark is owned by Schlitterbahn Beach Resort Management LLC who is now being sued along with Enterprize Management Inc. for violating six different safety codes. The Occupational Safety and Health Administration, or OHSA, started probing into this case after two waterpark employees, a maintenance worker and the lifeguard, entered into the room where the wave pool generator is. While the two employees were in there, the machine happened to start up, causing the two individuals to be pinned between the wave machine and a gate. The waterpark obviously failed to properly train their employees so that they would be prepared and protected in the presence of dangerous energy source machines.
After OHSA heard wind of what happened, they were outraged at the blatant negligence that Schlitterbahn displayed by putting their employees at such risk. As the employer, Schlitterbahn is responsible for training the members of their staff and for making their work environment as safe as possible. This means that they should reasonably know of any danger hazards or safety violations on the premises and should correct them so that no workers or guests are at risk of injury.
Since Enterprize and Schlitterbahn failed to comply with several standard safety regulations, they have been cited by OHSA and a lawsuit against them is now pending. Some of the specific safety code violations that they committed include:
- Failing to develop a system along with safety procedures on how to operate dangerous energy machinery, such as the wage generation equipment
- Failing to install railings on the sides of open stairways and platforms in the waterpark
- Failing to have the energy control procedures inspected
- Failing to train their employees on perceiving the dangers of energy source machines in the park
- Failing to put up a guard around the rotating shafts of the water pumps
- Failing to secure the electrical connection box onto the wall
Whenever a safety violation results in the injury or death of an individual, the penalties are significantly higher. Schlitterbahn is now facing a serious penalty of $26,000 and a willful penalty of $70,000. With a formal lawsuit already filed, Schlitterbahn now has only 15 days to respond to or contest the case in front of the Occupational Safety and Health Review Commission.
Premises liability claims make account for a vase majority of personal injury claims including slips and falls, swimming pool accidents, uneven grounds, exposure to hazardous materials, defective work machinery, inadequate safety equipment, inadequate security, insufficient lighting and much more. If you or someone you know has been injured at work or on someone else’s property, please do not hesitate to contact us here at Mukerji Law Firm. Our Houston personal injury attorneys are standing by to help you fight for compensation!