People come from all over the world to visit parks in Orlando, Florida, like Walt Disney World, Universal Studios, and ICON Park. What many people don't know is if they visit one of the Florida theme parks and get injured, they may be able to bring a personal injury case and seek compensation for medical bills, lost wages, pain and suffering, and more. An Orlando theme park injury attorney at Spetsas Buist Accident Injury Lawyers can help you get maximum compensation for your injuries and protect your legal rights.
Our law firm has been involved in many high-profile lawsuits against major theme parks in Orlando, and many of these cases have made local and national news. Several of our personal injury lawyers used to defend these insurance companies when they worked on the insurance defense side of the law. We know exactly how to successfully approach a personal injury lawsuit against a theme park.
If you'd like to speak with a theme park injury attorney at our law firm, please don't hesitate to reach out to us at (321) LAWSUIT for a free consultation. When you work with our firm, you don't have to worry about any upfront costs or retainer fees. Representation is free unless we win money for you.
Proving Negligence in an Orlando Theme Park Injury Case
In a personal injury case against a theme park in Orlando, the plaintiff (injured person) must be able to prove four key elements to win a case. Those elements are duty, breach, causation, and damages.
Duty of Care
To establish duty or duty of care, the plaintiff must be able to show that the defendant owed them a duty. When you enter into a park, you are typically considered an "invitee" under the law. As opposed to a trespasser, an invitee is owed the highest duty.
A paying visitor that visits a park enters the property not only for their own enjoyment but also for the benefit of the park, which is receiving payment for the visitor's entry. Typically, this element is easy to establish because visitors are almost always going to be an invitee under Florida law.
Breach of Duty
To establish a breach of duty, the plaintiff must be able to show that the defendant did something a reasonable personal wouldn't have done, or that they did not do something a reasonable person would have done. When we say someone was "negligent," typically we're referring to the breach of duty. This "breach" is the unreasonable action or inaction at issue.
Causation
The next element a plaintiff must be able to prove is causation. Essentially causation looks to whether the defendant's negligence caused the plaintiff's injury. Causation looks to the chain of events that led to the injury (called but-for causation), as well as the foreseeability (legal or proximate causation).
For example, imagine a park employee leaving soapy water on a bathroom floor at a theme park. This situation could foreseeably lead to a person slipping on the soapy water and breaking their wrist. Additionally, but-for causation is satisfied because but for the soapy water on the floor, the guest would not have slipped. Accordingly, you would have duty, breach, and causation in this scenario.
Damages
Damages boils down to the injuries a person suffers as a result of the negligence. In other words, a person cannot successfully bring a personal injury lawsuit against a theme park if they didn't suffer any damages.
Let's look at the hypothetical about the soapy water again. Imagine a theme park employee leaves a puddle of soapy water on the bathroom floor. Then, a park visitor walks on the slick surface in the bathroom and slips on it. The guest does not fall, but only slides a few feet and doesn't suffer any injury.
In this scenario, the park had a duty, breached the duty, and caused a slip. However, the guest didn't suffer any injury. So, the case fails on the element of damages.
In our experience, a bulk of the battle in our cases is over damages. The battle isn't over whether our client suffered damages, but rather how much money the park should pay for those damages. We believe the case is worth a certain amount of money, and the defense believes it's worth less money.
Typically, parks and defense attorneys will try and get away with paying injured people for their medical bills and lost wages, but they won't properly value the non-economic damages, like pain and suffering. The law entitles people to be compensated for the full extent of their loss when some person or entity negligent injures them. However, insurance companies and claims adjusters always want to pay the least amount of money possible.
Contact an Orlando Theme Park Injury Attorney for Your Free Legal Consultation
If you've been injured at a theme park in Orlando, Florida, contact an Orlando theme park injury attorney at our law firm for a free consultation. You can reach our Orlando personal injury law firm anytime at (321) LAWSUIT. When you work with our law firm, you pay nothing unless we recover money for you.
Our law firm has handled all types of theme park accidents across Florida and other states. Regardless of where you're from, whether it's in the United States or another country, we can help you.
Check out our Google Reviews to see why people injured at theme parks in Orlando trust Spetsas Buist with their case.
Frequently Asked Questions for an Orlando Theme Park Injury Attorney
What is the Statute of Limitations for a Theme Park Injury Case in Orlando, Florida?
In Florida, the statute of limitations for a theme park injury case is two years from the date of injury. If the case is a wrongful death case, the statute of limitations is 2 years from the date of death.
How Do People Typically Get Injured at Theme Parks in Orlando?
Typically, people that get injured at a theme park in Orlando will get injured on a roller coaster, slip and fall accident, or a trip and fall accident. Although some roller coaster accidents are fatal, most involve whiplash, concussion, or a traumatic brain injury or "TBI."
Do Theme Parks in Orlando Have Insurance to Cover Injuries?
Yes, the theme parks in Orlando typically have liability insurance that covers injuries caused by negligence. Some of the parks, like Universal, are self-insured, which means they cover claims up to a certain amount. Other parks, like Disney, typically have an outside insurance carrier that provides them with liability insurance to cover injuries.
Do Theme Park Injury Claims Typically Go to Trial or Settle?
Theme park injury claims will typically settle. Only a small fraction of cases against the parks will go to trial in front of a jury. However, we often have to file a lawsuit and push a case into litigation to get our clients proper value for their injury claim.
Who is Generally at Fault for a Theme Park Accident?
Usually, someone who works for the theme park will be the person at fault for the accident, like a ride operator, cleaning staff, or a manager. Because they are an employee of the park, the park is liable for the claim via a legal theory called "vicarious liability." In other words, the park pays for the mistakes of their employees, and the employees or staff members are not individually or personally liable for negligently injuring a visitor.