BLAINE, Wash. — A Skagit man who suffered traumatic injuries while at the Birch Bay Waterslides on August 25, 2023, filed a civil lawsuit in Whatcom County Superior Court on May 9th naming the business as defendant and seeking damages.
According to the complaint, the man was on a slide when he “slid over a damaged or defective section, causing severe injury and other damages.” The complaint went on to say the business was negligent by not providing “safe and adequate maintenance of the premises and grounds.”
The business, Birch Bay Jun Yu Waterslides, LLC, filed their answer the complaint in court on June 12th. In their answer, they denied “knowledge that any part of its facility was damaged or defective.”
They added that the admission to the property requires acceptance of a waiver acknowledging participation in activities at the water park is “at my own risk” and holding the business harmless “from any loss, liability, damage or cost I, or they, might incur due to my being on the premises or engaging in activities, whether caused by negligence of the Birch Bay Waterslides, … myself or others.” The waiver continues, “I also agree not to sue or make a claim against the Birch Bay Waterslides … for death, injuries, loss or harm that occur during my participation in the activities.”
The business filed a motion requesting a 12-person jury trial to hear the case. As of June 17th, no date had been set for a hearing on that motion.
