Orlando has some of the best parks in the world. Universal Studios, Disney World, and other parks in this beautiful get folks from all over to spend their vacations here. But what happens when someone gets seriously injured at one of these parks? Is this something that a person could seek compensation for?
In this article, we’re going to talk more about the different types of amusement park accidents and how an injured person might pursue a personal injury claim after getting hurt at an amusement park or a theme park due to the park’s negligence.
When Can You Bring a Lawsuit Because of an Amusement Park Accident?
Amusement park accidents can serve as the basis of a personal injury lawsuit in Florida if the accident was caused by the park's negligence or failure to provide a reasonably safe environment. Some examples of accidents that can serve as the basis of a personal injury lawsuit include:
If a ride malfunctions and causes injury, the park may be liable if it failed to properly maintain the ride or failed to properly inspect it.
Slip and Fall Accidents
If a patron slips and falls on a wet surface or tripped on a defect in the walkway, the park may be liable if it failed to properly maintain the premises and warn patrons of the hazard.
Inadequate Safety Equipment
If a patron is injured due to inadequate safety equipment, such as a broken seatbelt or missing lap bar, the park may be liable if it failed to properly maintain the equipment.
If a patron is injured due to the negligence of a ride operator or other park employee, the park may be liable for their actions or inactions.
If a patron is injured due to the inadequate training of a ride operator or other park employee, the park may be liable for failing to provide proper training.
It's important to keep in mind that personal injury laws vary from state to state, and the specific circumstances of each case will impact the outcome. An attorney experienced in personal injury law and amusement park accidents can help evaluate the strength of a potential claim and provide you with some guidance on the best possible courses of action.
What Do You Have to Prove to Win An Amusement Park Accident Lawsuit In Florida?
In Florida, in order to win an amusement park accident lawsuit, the plaintiff (the person who is filing the lawsuit) must prove the following elements:
- Duty of Care: The plaintiff must prove that the amusement park owed them a duty of care to provide a reasonably safe environment.
- Breach of Duty: The plaintiff must prove that the amusement park breached its duty of care by failing to provide a reasonably safe environment or by acting negligently.
- Causation: The plaintiff must prove that the breach of duty caused their injury. This means that the plaintiff must show that the injury would not have occurred but for the park's breach of duty.
- Damages: The plaintiff must prove that they suffered actual damages as a result of the injury. This may include medical expenses, lost wages, pain and suffering, and other related damages.
In Florida, the standard of care for amusement parks is that of reasonable care under the circumstances. This means that the park must take reasonable steps to prevent accidents and ensure the safety of its patrons. Whether the park has fulfilled this duty will depend on the specific circumstances of each case.
It's important to keep in mind that these cases can be complex and challenging, and it may be difficult to prove all the elements of negligence. An attorney experienced in personal injury law and amusement park accidents in Florida can help evaluate the strength of your potential claim and provide guidance on the best course of action.
Have You or a Loved One Been Injured in an Amusement Park Accident?
If you or a loved one has suffered injuries as a result of an amusement park accident, whether at Universal Studios, Disney World, or somewhere else, you should speak with an experienced Florida amusement park accident lawyer as soon as possible because you may be entitled to compensation. Please don’t hesitate to contact us on our website to set up your free consultation by email, or you can call our Orlando, Florida personal injury law firm today at (321) 352-7588 to schedule your free consultation by phone. When you schedule a consultation at our law firm, you will get a consultation with a personal injury lawyer, not a customer service representative or intake person.
Also, we have at least one lawyer licensed in Florida, Georgia, South Carolina, and North Carolina. So, if you’ve been injured in an amusement park accident in another state, we may be able to help you. Don’t hesitate to reach out to us.