Duty Of Care In Water Park Safety: Recent Legal Developments
- IJLLR Journal
- Jul 16
- 2 min read
Kashvi Singla, Symbiosis Law School, Noida
ABSTRACT
Water Park or amusement parks which have been a centre and hub of recreation for decades, are also the sites where accidents happen. Therefore, it is certainly essential to the study the intricacies involving dangers and risks at such places and the liability of the authorities concerned. The research hypothesizes that a thorough examination of duty of care in water park safety will reveal significant variations in legal frameworks and safety standards across different regions. It is recognised in the study that a proper classification for the types of risk or the equipment is important to decide the appropriate duty of care and the consequent liabilities of the managing staff. By comparing the Indian safety provisions, as outlined in the Code of Recommended Practice, with the European standard EN 13814-2019, the study anticipates identifying potential gaps and strengths in each system. By comparing some established codes and provisions it becomes convenient for countries like India to identify the gaps and potential areas of improvement. Additionally, the research predicts that an exploration of legal principles and precedents related to water park incidents, such as the case of The Managing Director, Kerala Tourism Development Corporation Ltd. v. Deepti Singh, will explain the key factors influencing the liability of water park authorities. However, the landmark judgments on water park safety are limited due to the highly specific field of discussion, but that is what makes it equally important at the same time. Through this research, the aim is to formulate informed recommendations for enhancing safety regulations and duty of care practices in water parks, promoting a balance between the responsibilities of park authorities and the enjoyment of visitors.
Keywords: Water Parks, safety, risks, liability, duty of care, volenti non fit injuria, inevitable accidents.
