Suit Claims Waterpark’s Uncleaned & Unmaintained Stairs Caused Fall

On Nov. 7, a federal judge denied Kalahari Indoor Waterpark’s motion to dismiss a negligence suit after a guest claimed he slipped and fell on a set of stairs that were allegedly covered with mold and algae. Plaintiff lmran Ahmed filed the instant personal injury action on May 22, claiming he slipped and fell on the premises of Kalahari Resorts & Conventions in Poconos, Pennsylvania, due to a dangerous slippery condition which resulted from Kalahari’s negligence. He stated that “the steps at the Kalahari Indoor Waterpark were not properly treated and were covered with mold or algae.”

According to the complaint, Kalahari knew or should have known that the stairs were not properly maintained or cleaned and that they constituted a dangerous condition to the public. Plaintiff’s complaint alleges that Kalahari had a duty to exercise reasonable care in the maintenance and upkeep of their property including the Kalahari Indoor Waterpark, especially the stairs. Kalahari did not properly treat the stairs and as a result, mold or algae covered their surface. Plaintiff’s specific claim is that Kalahari breached its duty by failing to provide proper maintenance, repair, and cleaning on the property; failing to properly upkeep and maintain the property; failing to warn plaintiff; failing to place barricades; and failing to place warning signs.

The court concluded Ahmed sufficiently established a claim for negligence at the motion to dismiss stage. However, the judge determined Ahmed must state the specific location of the stairs the plaintiff allegedly fell to Kalahari.