Water Park Guest Becomes Seriously Ill Due to Inadequate Water Treatment

Case Overview

This case involves a female child who became seriously ill with a gastrointestinal infection after swimming at the Defendant water park. The day before the child visited the park with her family, records kept by the Defendant facility noted that a recent water analysis indicated an excessive bacterial load, and did not conform with the state or ANSI recreational bathing standards. Nevertheless, the facility did not take any action to remediate the issue, and kept the park open for business. Furthermore, it was noted that no additional testing was done for some time after the initial negative test result. It was alleged that the park was well aware of the dangers posed to bathers by the elevated bacterial load in the park’s water, and was dangerously negligent in keeping the park open for business.

Questions to the Environmental expert and their responses

Please briefly describe your familiarity with recreational water standards in situations such as this.

For 29 years at the National Sanitation Foundation, I worked in research, standards and treatment technologies applicable to recreational and drinking water. My work in these areas has focused on microbiological pathogens and chemical contaminants. I was the leader of the technical team that first demonstrated that UV radiation inactivates this bacteria under an EPA grant. I later directed scientists and engineers to verify the performance of technologies to reduce and inactivate bacteria in recreational pool water. I also worked on the NSF Pool Standard 50 committee to develop new requirements to address this bacteria.

Are you able to address the proper testing and remediation methods for public recreational water, such as in this water park?

If the facility was aware of the risk posed to bathers by the test results described above, then it would be plainly negligent for them to remain open.

About the expert

This expert has a background as a scientist and spent nearly 30 years managing a Public Drinking Water Equipment Performance Certification Program in Michigan. He earned his M.S. in Water Resources Science from the University of Michigan. The expert spent his career promoting safe, adequate, and reliable supplies of drinking water and overseeing related product testing and production facility auditing. He was appointed to the Michigan section of the leading water quality and supply association, where he serves as a Member of the Board of Trustees. He currently runs his own consultancy, focusing on water technologies, drinking water quality, pilot testing experimental design, and regulatory requirements.

E-044954

Specialties:

Environmental