The dispute centers on an injury sustained by Leann Spencer at the ACE Adventure Waterpark on June 12, 2024. Spencer, who visited the facility with her family, signed a waiver before participating in attractions. She then jumped feet-first onto an inflatable “blob” from a six-foot platform, shattering both ankles and requiring multiple surgeries and extensive rehabilitation.
Spencer’s complaint alleges that the water park’s employee on the jumping platform was not providing directions and was instead talking with another person. The attraction is designed for two patrons, with one person positioned at the far end to displace air toward the jumper. Spencer jumped without a second person on the opposite side and without instructions on how to land safely, which should have been on her back or side rather than her feet.
Defendants moved for judgment on the pleadings, arguing that Spencer waived her right to sue by signing the release. They contended the waiver was valid, the risks were contemplated, and it was freely entered into by parties with equal bargaining power.
Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia rejected this argument. He held that because state regulations impose a standard of care on water park operators to protect patrons, Spencer cannot waive her right to bring claims for negligence that violates those regulations.
The court noted that while West Virginia law generally enforces exculpatory agreements if they are freely made and do not interfere with public interest, such agreements are unenforceable when an injured party belongs to a class protected by a statute or regulation imposing a standard of conduct.
Accordingly, the court denied Defendants’ Motion for Judgment on the Pleadings [ECF No. 14]. The court declined to address arguments regarding unequal bargaining power or unconscionability, finding the regulatory violation dispositive.