A Whatcom County Superior Court judge will allow a lawsuit against Birch Bay Waterslides to continue despite the water park owner’s claims that the man who was injured there in 2023 signed away his right to sue. The lawsuit now involves three entities who were responsible for inspecting or overseeing the almost 40-year-old facility, including Whatcom County Health and Community Services.
Larry Baker, a Burlington resident and Navy veteran, suffered severe lacerations on his foot and leg in August 2023 when he went down one of the slides at Birch Bay Waterslides. Baker filed a lawsuit on May 9 alleging that park owner Birch Bay Jun Yu Waterslides LLC neglected to maintain safe premises, supervise staff and contractors to ensure safe practices, inspect equipment adequately and comply with state law regarding water parks.
According to a Whatcom County investigation report from February 2024, inspectors found corroded and missing bolts and ripped sections of fiberglass splash guard on the slide where Baker was hurt.
Baker’s injuries, including the “de-gloving” of the skin on his heel, have left him with continued pain, scarring, anxiety and depression, according to court documents. His medical bills up to this point have totaled almost $365,000.
Because of the 2023 incident, Whatcom County Health and Community Services suspended the water park’s operating permit. In May, the county health department laid out a set of stringent conditions in a compliance agreement with the water park.
In October, Birch Bay Waterslides requested a summary judgement, stating that Baker had signed a waiver releasing the water park from liability, although if or how he actually did so seemed to be in question.
Judge Lee Grochmal denied the motion for summary judgement on Friday, Nov. 22, and also allowed Baker to file an amended complaint that alleges gross negligence and brings in more defendants to the suit: Safe Slide Restoration, Kingworks Structural Engineers and Whatcom County Health and Community Services.
Kingworks, a firm based in Bellingham, inspects the concrete, steel and wooden support structures, while Safe Slide Restoration, a national company, inspects the fiberglass slides themselves. However, when asked by the county for inspection reports by both companies, Birch Bay Waterslides failed to provide adequate documentation. According to state law, water park operating permits must be renewed annually by the local health department.
Baker’s attorneys enlisted two theme park experts, a safety consultant and an engineer, to inspect park structures this summer — they found “a complete lack of attention and a disregard for public safety,” according to court documents.
Birch Bay Waterslides confirmed it would spend 2024 renovating the park and working toward compliance, and announced on Facebook Nov. 14 that it would reopen in summer 2025. The health department confirmed it had received an update from the park on plans for facility work, but reinspection won’t occur until after work is completed. Water park management did not respond to requests for comment on what renovations had occurred.
Julia Tellman writes about civic issues and anything else that happens to cross her desk; contact her at juliatellman@cascadiadaily.com.
