ICON Park in Orlando, Florida is a 20-acre entertainment complex that offers a variety of experiences to guests. Some of the more famous rides at ICON Park include the Orlando SlingShot, the Orlando Eye, and the Carousel on the Promenade. However, ICON Park doesn’t just have rides. It also has other unique attractions, like Madame Tussaud’s Wax Museum and the SEA LIFE Orlando Aquarium.
Millions of people from all around the world visit ICON Park every year, and most have a great experience. However, there are many ways visitors can get injured at the theme parks in Orlando, and some unfortunate guests will inevitably get hurt at ICON Park every year.
If you get injured while visiting ICON Park in Orlando, it's essential to know what steps you can take to protect your rights under Florida law and ensure that you receive the compensation you deserve. ICON Park may be held liable if its operators or employees negligently, carelessly, or recklessly caused you harm, and that’s what this article is about.
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5 Steps to Take After an Accident at ICON Park in Orlando
5 Steps to Take After an Accident at ICON Park in OrlandoPeople that get injured at ICON Park in Orlando are often on vacation, and the last thing they expect to happen is to get seriously injured. Moreover, they’re likely not familiar with Florida law, and they don’t know what to do to protect themselves. Accordingly, folks are often caught off guard by the ordeal.
Ultimately, the steps you take immediately following an accident at ICON Park can greatly affect the outcome of your personal injury claim. Therefore, you need to be aware of some of the critical steps you can take to protect yourself and your legal rights. That way, you’ll be better prepared if you need to pursue a personal injury lawsuit.
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Step 1: Get Medical Treatment
Step 1: Get Medical TreatmentThe first step after getting injured in any type of accident is to get the medical treatment you need. If you’re severely injured, you should dial 911 and get emergency medical help immediately. ICON Park is just a short trip down Interstate-4 from Orlando Health Dr. Phillips Hospital. There’s also a CareSpot Urgent Care off Sand Lake Road a few miles from ICON Park.
Some injuries, like back injuries and brain injuries, may not be evident directly after you get hurt. However, left unattended, these injuries can cause serious issues. Thus, the best practice is to get medical attention right away if you’ve been hurt.
Getting prompt medical treatment is not only a good way to protect your health, but it’s also helpful if you choose to pursue a personal injury claim. Medical records are foundational in any personal injury case, and if you delay treatment, the claims adjusters and defense attorneys will use your delay in treatment to minimize your claim. Therefore, it’s good practice to go get medical help if you get injured at ICON Park or any other amusement park.
Step 2: Report the Incident to ICON Park Employees
You should report your ICON Park accident to a park employee as soon as possible after you get hurt. This report creates an official record of the incident and will include details as to how, when, and where you got hurt. We often use these reports to establish the basic facts of a personal injury claim, and they can be an extremely valuable source of basic information.
When you’re reporting the incident to an ICON Park employee, be sure to provide the details surrounding the incident and how you were injured. However, stick to the objective facts, and don’t volunteer too much information.
For example, do not say anything that could be construed as an admission of guilt. People often feel embarrassed after getting hurt, especially when they get hurt in front of a lot of people, and they say things like “I was clumsy” or “I’m sorry.” Although you may want to say these things to be polite, claims adjusters are willing to use anything you say to minimize your claim. Therefore, you should be very careful about what you say because it could be used against you later.
Step 3: Collect Evidence at the Scene
Fresh evidence is the best evidence. Accordingly, after you get injured, you should take photos and videos of the scene of the accident. Also, you should take pictures and videos of your injuries. Pictures often tell a more accurate story than words, and it can be difficult to recount an accident months (or more) after the fact. In this way, visual evidence can be very helpful in a personal injury claim against ICON Park.
In addition to taking pictures and videos, you should get the contact information of anyone who witnessed you getting hurt. Eyewitnesses can be extremely helpful. However, if you can’t find them to get their testimony, you won’t be able to stack this evidence in your favor. Thus, you should get the contact information of anyone who saw what happened and might be willing to help you.
Step 4: Get a Free Consultation with a Theme Park Injury Lawyer
If you get injured at ICON Park, you should speak with an Orlando personal injury lawyer that handles cases against theme parks and amusement parks in Orlando. Your lawyer can talk with you about what happened and help you pursue a successful case.
At our firm, we’ve handled a variety of cases against the theme parks in Orlando, and we know exactly how the claims adjusters and defense attorneys operate. We know what we need to do to get our clients the compensation they’re entitled to under Florida law. The sooner we get involved, the better chance we have of getting you maximum compensation.
Step 5: Gather All Records Relating to Your ICON Park Accident
Be sure to keep any records you have relating to your ICON Park accident. This includes things like medical records and bills, rehabilitation records and bills, incident or police reports, and any emails, texts, or other correspondence you’ve had with claims adjusters or park employees. Documentation is key to a successful personal injury case, so you should keep everything until your claim is resolved.
How to Successfully Bring a Personal Injury Claim Against ICON Park
You need to act quickly to bring a successful claim. In Florida, the statute of limitations for personal injury cases is two (2) years from the date of incident. If you don’t bring your claim within two years, you’ll lose the right to pursue compensation for your injuries.
In addition to bringing your claim within two years, you must also be able to establish the four elements of negligence to win a case against ICON Park. These elements are: (1) duty, (2) breach, (3) causation, and (4) damages. As the person bringing the claim for damages, you have the burden of proof, and you must be able to establish every element by a preponderance of the evidence.
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Element 1: Duty or “Duty of Care”
Element 1: Duty or “Duty of Care”First, you must be able to show that ICON Park owed you a duty of care. The parks in Orlando, including ICON Park, owe guests and patrons a duty to maintain the premises in a reasonably safe condition. Thus, we can often establish this element, so long as the injured person was a guest and not trespassing on the property.
Element 2: Breach or “Breach of Duty”
Second, you must be able to show that ICON Park breached its duty of care. Some ways a park might breach a duty of care to a guest include the following:
- Failing to properly maintain rides;
- Failing to clean up liquids and slippery substances on park grounds or in bathrooms;
- Failing to properly train staff members;
- Failing to remove or remedy trip hazards;
- Failing to properly maintain stairs;
- Failing to properly maintain parking lots or parking garages; or
- Failing to implement reasonable security measures to prevent violent attacks.
The “breach” or “breach of duty” is the action or inaction that we think of when we think of negligence or carelessness. In other words, the breach of duty looks at a person’s actions and whether those actions were reasonable under the circumstances. However, as we have discussed, a successful claim of negligence requires more than just an action or inaction.
Element 3: Causation
Third, you need to be able to show that ICON Park’s breach of the duty of care caused your harm. This involves establishing both actual or “but for” causation and legal causation. To establish actual causation, you need to be able to show that the harm you suffered would not have occurred but for the actions of the park owner, operator, or employee. To establish legal causation, you must be able to show that the harm you suffered was a foreseeable result of the defendant’s breach.
Element 4: Damages
Finally, you need to be able to show that you suffered actual harm or “damages” as a result of the accident at ICON Park. In the context of a personal injury claim, damages could include financial losses, like medical bills and lost wages. However, in Florida, your damages may include other intangible losses, like pain, suffering, and emotional distress. To establish this element, and therefore a successful claim of negligence, you must be able to show that you suffered actual harm.
How Evidence Helps in a Personal Injury Case Against ICON Park
Evidence is critical in an injury claim against ICON Park because we use evidence to establish the elements of negligence. Accordingly, when our theme park injury lawyers get a case, one of the first steps is to immediately get to work gathering and securing all the evidence relating to your claim. That way, you have the best chance of bringing a successful case.
The types of evidence we use will vary from case to case. However, some of the more common types of evidence we use in these amusement park accident cases include:
- Video footage
- Photographs
- Incident reports
- Witness testimony
- Expert testimony
- Medical records
- Company documents and manuals
The strongest evidence is evidence that shows obvious neglect. Anything that shows a history of problems or an obvious issue can lay the foundation for a very strong case.
Were You or a Loved One Injured at ICON Park in Orlando, Florida?
If you were injured at ICON Park in Orlando because of the Park’s negligence or recklessness, you may be entitled to compensation under the laws of Florida. This is true whether you’re from Florida or somewhere else because the site of the legal cause of action (the “venue”) is where the incident occurred. Therefore, Florida law will govern a cause of action based on an accident that occurred at ICON Park.
We have represented people from all over the world who came to Orlando and got injured at one of the theme parks or water parks. Our past and present clients include people from Central and South America, Europe, and all around the United States. If you’ve been injured in Orlando, we are happy to help you, regardless of where you’re from.
The first step is to schedule a FREE legal consultation with one of our Orlando theme park injury lawyers. After that, we can discuss the next steps in pursuing a personal injury claim against ICON Park. You can reach us at (321) LAWSUIT, or you can contact us on our website.
We’re here when you need us. Please don’t hesitate to give us a call. We will help you however we can.
