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Tourist awarded 100,000 euros compensation after Costa water park accident

An image showing two people on a float, that was filed with the lawsuit.
An image showing two people on a float, that was filed with the lawsuit. / SUR
  • The young woman was seriously injured on the Black Hole ride at Aqualand, Torremolinos, some 10 years ago

A Dutch tourist has been awarded 109,182 euros compensation for an accident on an attraction at the Aqualand water park in Torremolinos.

The victim, who was 28 years old at the time, suffered serious injuries in the incident 10 years ago.

The sports instructor and personal trainer was on holiday in Spain and decided spend the day at Aqualand with friends.

The accident happened on an attraction called the ‘Black Hole’ - a curved and closed tunnel slide - with a friend on a double float. She weighed 60 kilogrammes and the friend approximately 110.

According to the victim, they followed "the instructions of the lifeguard who was at the start of the attraction."

But as the float picked up speed, the young woman was thrown from it, hitting her head and losing consciousness. She was rushed to the Santa Elena clinic in Torremolinos and diagnosed with trauma to the skull and shoulder, as well as a fractured collarbone which was operated on.

The lawsuit detailed that, since the accident, the woman has suffered neck pain, loss of vision, migraines and dizziness that can cause nausea and vomiting and now has "limited ability to carry out everyday activities."

She had to undergo surgery again in 2012 to relieve collarbone pain and has been receiving physiotherapy and treatment from a psychologist for the post-traumatic stress disorder caused by the accident.

The young woman, represented by the lawyer Juan Antonio López, from Legal 10 Abogados, sued the water park and its insurer for the accident, which she claims has prevented her from working as a sports instructor.

The lawsuit was filed in 2014 claiming compensation of 70,247 euros.

The lawyer argued that the attraction should only have been used by one person at a time; although the ‘doughnut’ was provided for two people, and the lifeguard told them both to climb onto it despite the existence of a sign indicating the rules of use and prohibitions.

Additionally, according to the young woman, the lifeguard should have placed them in the opposite position, so that the heaviest person was at the back to prevent her from being thrown when the float picked up speed on the descent.

Initially, the defendant refused to compensate the young woman, considering that the injuries were due to the "action and negligence of the victim or a fortuitous event", also challenging the expert report on injuries provided by the victim.

A court in Torremolinos dismissed the lawsuit in 2018 saying that no negligence was proven on the part of the water park. The young woman appealed to the Provincial Court of Malaga, which now, 10 years after the accident, has proved her right.

The victim has been compensated with a total of 109,182 euros. The water park insurer has already transferred that amount to the young woman.