Birch Bay Waterslides owners deny wrongdoing in incident that left man severely injured
The owners of Birch Bay Waterslides are denying wrongdoing and asking for a jury trial after the man who was severely injured last summer at the park filed a lawsuit against them in May.
Larry Baker, who was 43 at the time of the accident, was injured on Aug. 25, 2023, when his legs went through the side of the Hairpin, one of the four main slides at the water park in Blaine.
The lawsuit states that Baker “slid over a damaged or defective section, causing severe injury and other damages” and accuses the park’s owners of negligence, stating that they had a duty to “keep the common areas of its property safe and properly maintained for the benefit of the customers.”
In a June response, the water park owners denied these claims, adding that Baker acknowledged and accepted the risk of “severe physical injury” when entering the park.
“Upon his entry into the Birch Bay Waterslides premises, Plaintiff’s allegations against Defendant were waived and Plaintiff assumed the risk of such entry, as evidenced by Plaintiff’s voluntary and informed use of said premises after being presented with conspicuous warnings posted on signs throughout the park regarding, inter alia, assumption of all risk,” the lawsuit response states.
The owners’ response includes evidence that Baker signed an online waiver in which he agreed to “WAIVE, RELEASE and DISCHARGE any and all liabilities, claims or actions as a result of activities and/or attendance at the Birch Bay Waterslides.”
“ALL ACTIVITIES AT YOUR OWN RISK,” Baker’s signed entry ticket states, according to the evidence provided in the court documents.
“I understand and acknowledge that all activities in which I am about to voluntarily engage, in even under the safest conditions and supervision, bear certain known risks, as well as unanticipated risks, that could result in severe physical injury, severe mental injury, death, illness, disease or damage to me or my property,” the Birch Bay Waterslides Waiver states.
The waiver states that some “unanticipated risks” could include “acts, omissions, or negligence of Birch Bay Waterslides” and “latent or apparent defects or conditions: at the facilities, with the equipment, of the activities or on the premises.”
The waiver further states that park attendees who sign it are making an “informed choice to voluntarily accept such risk to gain access to the Birch Bay Waterslides premises.”
Baker’s lawsuit alleges the owners failed in their duties to provide safe and adequate maintenance of the park’s premises and grounds; to provide its customers with warnings regarding unsafe areas and hidden dangers; to have a system in place to inspect the premises for unsafe conditions; to have a policy of supervising employees, independent contractors and vendors to ensure they complied with all safety guidelines for the premises and other state and local safety regulations and statues; to inspect the premises of unsafe conditions once employees became aware or should have become aware of unsafe conditions and of complying with state laws regarding the proper operation and maintenance standards of water parks in Washington state, including routine inspections, maintenance, and repairs to the physical components to ensure all structural facilities are intact and free from corrosion, wear or stress.
Whatcom County Health and Community Services released an Injury Event Investigation Summary in February detailing the incident and the efforts made to save Baker’s life.
In another report dated April 12, the Health Department’s Environmental Health Supervisor Tom Kunesh noted that while Birch Bay Waterslides officials had supplied inspection and repair reports that were requested at the time of the injury, none of the reports specifically mentioned inspection or maintenance work on the fasteners (nuts, bolts and washers) that were holding the failed slide section together.
Whatcom County Health and Community Services ultimately suspended the park’s operating permit, and it will be unable to open again until significant repairs are made, according to previous reporting by The Bellingham Herald.
This story was originally published July 5, 2024 at 2:00 PM.
