Your state probably has regulations concerning the maximum acceptable level of contamination in the water at a water park. It sounds as though this level may have been exceeded if you are suffering from something as serious as septicemia after exposure to that water.
You can bring an action against the water park for this injury. The park may argue that you assumed risks when you bought the entry ticket. However, while you may have assumed the risk of getting a scrape while on a water slide, subsequent blood poisoning is hardly a foreseeable event especially since the water is supposed to be kept clean.
Some of the information that you and your attorney will want to get from the park will be the water purification records, which should give the levels of bacteria in the water at various times. Your attorney may also look at copies of past state inspections, if there have been any and records of any other similar injuries or complaints showing a pattern of neglect on the part of the water park. Finally, a look at the company’s training records may also show whether park personnel have sufficient training to keep the water sufficiently purified.
It is possible that your ticket stub or a sign at the park states that by using the water park’s facilities, you are agreeing that the park is not liable for any subsequent injury. However, do not let this keep you from discussing your case with an attorney. Most courts will not allow the water park to hide behind this type of waiver. Your attorney can advise you further.
A final issue to consider is whether it is worth bringing the suit. A damage award will depend on the extent of your blood poisoning and whether it has any long-lasting and troublesome implications. If your injury is fairly minor, you received little or no treatment and your expenses are covered by insurance, it may not be worth suing the water park. You could probably negotiate a fair settlement with their insurance carrier. However, even if minor, you might consider consulting with an attorney for his or her recommendations and whether your claim for damages is realistic.