Man trapped in wave pool drain at water park suffers leg fracture, wins Rs 2.35 lakh

The order found that the complainant’s leg got trapped in the drain of the wave pool because the drain did not have a grill, resulting in the injuries suffered by him. The complainant also submitted photographs in this regard.

“However, the opposite parties did not produce any photograph or other document in rebuttal to show that a grill had been installed in the drain of the wave pool,” it highlighted.

Man’s leg trapped in pool drain

A man, who is a manager of an insurance company, visited the water park with five colleagues on April 25, 2015, for an overnight recreational programme organised by his company. While using the swimming pool, his left leg allegedly got trapped in an uncovered drain inside the pool, causing a fracture of the tibia and fibula below the knee.

The man was initially taken to hospital and was later admitted to another hospital from April 26 to May 3, 2015, where he underwent surgery. He was advised three months of bed rest and physiotherapy. He claimed that he had already incurred Rs 2 lakh in medical expenses, with another Rs 2 lakh likely to be incurred, and also suffered loss of salary and other financial losses as he could not work for three months.

He alleged that the accident occurred because the water park had failed to provide adequate safety arrangements and had not covered the drain with a safety grill. He therefore approached the consumer commission alleging deficiency in service and unfair trade practice, seeking compensation for medical expenses, future expenses, loss of income, mental agony and litigation costs.

Water park denied negligence in accident

The water park denied negligence and argued that adequate safety measures were available and that the accident was caused by the complainant’s own carelessness.

It was submitted that artificial waves have been created in the water for recreational purposes, as indicated by the name “wave swimming pool,” so that people entering it can enjoy wave-like amusement.

The further contended that the entire claim regarding the complainant’s left leg getting trapped in the drain of the wave swimming pool and suffering a fracture of the tibia and fibula is imaginary and fabricated.

The insurance company also contested the complaint, arguing that Agrawal was not its consumer and that the relevant public liability policy had been issued in favour of the water park’s parent company, not water park.

Failed to make adequate safety arrangements: Order

The commission noted that the water park did not dispute that the complainant had visited the wave pool on the date of the incident, though they attributed the injury to his own negligence.

The complainant claimed that his leg got trapped in a drain in the wave pool because it did not have a protective grill. He also submitted photographs, while the opposite parties produced no photograph or other document to establish that the drain had a grill.

“The injury was caused because the opposite parties failed to make adequate safety arrangements at their wave pool,” it noted.

The Commission accepted the claim for Rs 2 lakh towards medical expenses, subject to an affidavit that the complainant had not already received reimbursement from another insurer. For mental agony, the commission held that the accident would have caused the complainant mental suffering and awarded Rs 25,000 against the opposite parties.

Takeaway

The judgment underscores that water parks have a duty to ensure basic safety measures, particularly around potentially hazardous pool infrastructure. It makes operators accountable for injuries caused by inadequate safeguards and reinforces consumer protection against deficient services. The ruling also highlights the importance of evidence such as photographs in establishing negligence and liability.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Chhattisgarh helpline: 1800-233-3663) or dial the National Consumer Helpline at 1915 for assistance.