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Victims of Chemical Exposure Likely Have Claims Against Splashtown

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On July 17, 2021, more than 30 people were taken to the hospital after they were exposed to sulfuric acid and a hypochlorite solution at Six Flag’s Hurricane Harbor Splashtown water park in Spring, Texas. According to one report, the exposure happened near a crowded children’s pool. Both adults and children were exposed and common symptoms included breathing problems and skin irritation, among others. One victim was a 3-year-old who experienced breathing issues and was transported to Texas Children’s Hospital in the Woodlands. Another victim was reportedly hospitalized in critical condition as of Saturday evening.

The victims of the chemical exposure likely have strong claims against Six Flag’s Hurricane Harbor Splashtown under several legal theories, including negligence and premises liability. To prove a negligence claim, a plaintiff must show that (1) the defendant owed a duty of care to the plaintiff, (2) the defendant breached the duty by failing to exercise ordinary care, and (3) the defendant’s breach caused the plaintiff to suffer damages. Splashtown owes a duty to its guests to exercise reasonable care in preventing exposure to harmful chemicals. Based on early reports, it appears that Splashtown breached that duty.

Victims could also pursue a premises liability claim against Splashtown. The victims were guests of Splashtown, which means they were “invitees” for purposes of Texas premises liability law. A property owner owes invitees a duty to keep the premises in a reasonably safe condition, to inspect the premises to discover dangerous conditions, and to make the dangerous condition safe or provide a warning. Again, based on early reports, it appears Splashtown breached its duty to its guests.

If you or a loved one were injured in the chemical exposure at Hurricane Harbor Splashtown, call our Houston personal injury lawyers for a free, confidential consultation.

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