DUBLIN, Calif.--(BUSINESS WIRE)--Civil rights attorney Waukeen McCoy today announced he has filed a lawsuit (Superior Court of California County of Alameda case # RG17882249) on behalf of the parents of a 10-year-old boy injured May 27 at the publicly owned The Wave Waterpark in Dublin, California.
Among the defendants are the city, the state of California, the manufacturer WhiteWater West Industries which also advised on the construction; the contractor C. Overaa & Company, and subcontractors which together built the 48-ft.-tall water slide, known as the Emerald Plunge.
The lawsuit alleges the slide was “defective in manufacture and/or design.” The water pressure on the slide was too powerful; and the “run-out” lane at the bottom of the slide provided no padding or protection from a child being ejected, according to the suit. The ride left the child with injuries to his head, back, arms and legs.
The suit also alleges that a pre-opening inspection of the ride identified 17 unsafe conditions, citing dangerous sharp edges and cracks in the infrastructure.
“If the slide was tested properly this horrendous incident wouldn’t have happened. If the slide has since been tested and found safe, why hasn’t it reopened? We believe the slide was not properly tested and should never have opened,” said McCoy of McCoy Law Firm, PC.
The spot where the boy was thrown from the slide was an “agitated, churning swirl of water” likely created by the junction of the incline and the straightaway, the suit adds. When the child hit that spot he hydroplaned and shot over the edge.
According to the suit, The Emerald Plunge and another “thrill” slide in the park were closed following the incident and never reopened during the park’s inaugural season, which ended in September.
The parents, local professors at a major university, ask to please help keep the boy’s identity anonymous.
In addition to damages and penalties, the parents want all issues properly corrected so that the municipal facility will be safe for all attendees.
NOTE: Injury Photos Available on Request