Man who was severely injured at Birch Bay Waterslides last summer sues park’s owners

A man who was severely injured last summer when his legs went through the side of the Hairpin, one of the four main slides at the Birch Bay Waterslides in Blaine, has sued the park’s owners.

Larry Baker, who was 43 at time of the accident, filed a civil tort lawsuit May 9 in Whatcom County Superior Court against Birch Bay Jun Yu Waterslides LLC, according to court records.

Baker’s lawsuit states that he visited the water park on Aug. 25, 2023, and that while he was on one of the slides, he “slid over a damaged or defective section, causing severe injury and other damages,” the court records state.

Baker’s lawsuit accuses the park’s owners of negligence, stating that they had a duty to “keep the common areas of its property safe and properly maintained for the benefit of the customers.”

The owners also failed in their duties to provide safe and adequate maintenance of the park’s premises and grounds; to provide its customers with warnings regarding unsafe areas and hidden dangers; to have a system in place to inspect the premises for unsafe conditions; to have a policy of supervising employees, independent contractors and vendors to ensure they complied with all safety guidelines for the premises and other state and local safety regulations and statues; to inspect the premises of unsafe conditions once employees became aware or should have become aware of unsafe conditions and of complying with state laws regarding the proper operation and maintenance standards of water parks in Washington state, including routine inspections, maintenance, and repairs to the physical components to ensure all structural facilities are intact and free from corrosion, wear or stress, Baker’s lawsuit alleges.

Baker’s lawsuit states he has suffered “severe physical injuries”; that he’s incurred current and future medical expenses and that he’s experienced and may continue to experience physical pain and suffering. He also claims he’s suffered general damages, including a loss of enjoyment of life and a permanent injury, as well as economic loss involving past and future lost wages, the records show.

Baker is asking for prejudgment interest on all medical and out-of-pocket expenses related to the injury he suffered while at the water park. He is also asking for monetary damages stemming from the park owners’ alleged negligence and his subsequent injury. He is also asking for monetary damages in the form of past wage losses, medical expenses and attorneys fees, court documents state.

The Bellingham Herald has reached out to Baker’s attorney for comment. It’s unclear at this time if Birch Bay Waterslides has retained an attorney.

Park closed

Meanwhile, the Whatcom County Department of Health and Human Services has suspended the park’s operating permit and it will be unable to open until significant repairs are made, spokeswoman Marie Duckworth told The Bellingham Herald in April.

Iain Buchanan, general manager of the Birch Bay Waterslides, wasn’t immediately available for comment.

‘Code Red’ called

An injury report from Aug. 29, 2023, conducted by Whatcom County health officials describes the incident and a dramatic effort to save Baker’s life. Baker is described only as “the victim” in the Health Department’s report, but he is named in the lawsuit.

According to the report, Baker smashed a hole in the side of the Hairpin, severely cutting his left foot and right leg, and continued sliding down at 12:52 p.m. Aug. 25, 2023.

“Victim strikes slide riser panel on turn 4 (turn to the rider’s left) with both feet/legs, calls out, and continues down slide,” according to the report.

At 12:53 p.m., lifeguards called a “Code Red,” activating the park’s emergency plan, and were keeping riders off the slides. A manager called 911 at 12:54 and went for medical supplies.

In an effort to control the bleeding, a bystander with medical training and a lifeguard started to bandage and apply pressure to Baker’s wounds. At 12:54, the bystander applied a tourniquet to each of the man’s legs. The bystander and a lifeguard kept pressure on Baker’s wounds.

Other lifeguards were keeping bystanders away and closing the attraction.

Firefighters arrived at 1:01 p.m., and EMS personnel assumed patient care. An ambulance left at 1:08 p.m.

An Aug. 30 follow-up to the initial report indicates that firefighters took Baker to St. Joseph Medical Center in Bellingham, and he was transferred to the Intensive Care Unit at Harborview Medical Center in Seattle, where he had undergone two surgeries with more expected.

Additionally, Health Department officials found that documentation of emergency response training was unavailable. Regular inspection reports were unavailable at the time of the incident.

Park management was told to develop a record-keeping and documentation system.

In a report dated April 12, the Health Department’s Environmental Health Supervisor Tom Kunesh noted that while Birch Bay Waterslides officials had supplied inspection and repair reports that were requested at the time of the injury, none of the reports specifically mention inspection or maintenance work on the fasteners (nuts, bolts and washers) that were holding the failed slide section together.

According to the April 12 report from Kunesh, for the water park’s operations permit to be reinstated, officials must:

▪ Hire a licensed professional engineer with expertise in structural integrity to evaluate all elements of the water park.

▪ Complete all repair work specified by the engineer, including replacement of all missing fasteners holding slide and splash guard pieces together.

▪ Obtain permits from Whatcom County Building Services for all repair work, wherever required.

▪ Provide a written comprehensive self-inspection plan.

▪ Correct all violations cited in the Aug. 29, 2023, inspection report.