Theme parks are supposed to generate memories that last a lifetime — just not the kind which stem from an amusement park ride that failed or left you critically injured. Most Orlando parks have very strict safety protocols in place to prevent these sorts of accidents; but when you are dealing with young children at play, mistakes and oversights sometimes do happen. Regardless of the reason for the machine malfunction, whether it’s due to an operator error or something else you want to make sure you understand your rights after a situation like this.
At Dennis Hernandez Injury Attorneys, we understand the heartache and confusion families face after amusement ride injuries. Our firm has recovered millions and millions of dollars for clients throughout Florida. You can rely on us to answer your questions about personal injury law and guide you every step of the way. We fight to get you paid!
We’ll examine how liability operates in cases stemming from theme park injuries, what to do if you are injured and ways that an experienced theme park accident lawyer can have a major impact.
How Do Ride Malfunctions Happen in Theme Parks?
Even with current technological progress, the following are some common reasons for amusement park ride accidents.
- Mechanical failure: Worn-out parts, subpar components or design faults can lead to breakdowns.
- Human error: A lack of training or distraction on the part of the ride operator can for accidents to occur.
- Environmental conditions: Power outages, rain and lightning all present opportunities for ride systems to be affected.
- Negligent upkeep: An inspection missed or repairs long overdue can be factors in unsafe conditions.
The International Association of Amusement Parks and Attractions (IAAPA) reports that around 1,200 ride-related injuries occur annually in the U.S., many if not most of which can be traced to faulty maintenance or safety violations.
What Legal Duties Do Theme Parks Owe to Guests?
Under Florida law, theme park visitors are classified as “business invitees” and operators owe them a heightened duty of care. Parks are legally obligated to:
- Keep all rides and premises in reasonably safe condition
- Acknowledge any danger areas to visitors
- Conduct regular safety inspections
- Require ride operators be adequately trained.
If these duties are breached, and a person is injured as a result, he or she may bring an action for damages under the theory of premises liability. Under Florida law, the failure to keep premises safe can make an entity liable under Florida Statutes §768.28 if gross negligence or systemic maintenance lapse is an issue.
What Compensation Can You Seek After a Ride Injury?
When you’re hurt at a Florida theme park, you might have access to several different types of amusement ride accident settlements, such as:
- Medical costs: There are emergency room visits, hospitalization fees, physical therapy and treatments to come.
- Lost wages: If you cannot work because of the injury, you can seek compensation for lost current and future earnings.
- Pain and suffering: This includes physical pain and emotional anguish resulting from the accident.
- Punitive damages: If the court finds that there was a high level of negligence, you could receive these damages to punish the guilty person(s).
An experienced Orlando injury lawyer can also help determine what the full value of your case is so that you do not settle for anything less than all available categories of compensation.
What Steps Should You Take After a Theme Park Injury?
If you or a family member are injured on an attraction, take these important steps to protect your legal rights:
1. Seek Medical Care Immediately
Even if injuries seem minor, see a doctor for an evaluation. Some conditions, such as concussions, whiplash or internal injuries, may not be immediately evident. Time stamped records will also help to tighten your story up and connect your injury with what happened.
2. Report the Incident to Park Authorities
Notify a staff member and request an official accident report. Request a copy if possible. This evidence could be crucial for your claim.
3. Gather Evidence on Scene
Document the condition of your ride, as well as your injuries and any faulty equipment. If other people saw what happened, get their contact information. Witness statements can be very compelling testimony to corroborate your state of events.
4. Preserve Clothing and Footwear
If torn clothing is involved or there was anything on your feet that could have made you slip (like heels, cleats or construction boots), set it aside. They can help demonstrate how and why the injury happened — significant in any Orlando premises liability lawyer scrutiny.
Who Can Be Held Liable for the Injury?
Liability doesn’t always rest solely with the park itself. Multiple parties may share responsibility:
- Theme Park Operators: The park can be liable if it didn’t provide safe conditions.
- Ride Manufacturers: If the accident stemmed from a design or manufacturing defect, the manufacturer may be liable for it under product liability laws.
- Maintenance Contractors: Most public facilities subcontract their maintenance; if they are negligent, you may share liability.
- Local Government Agencies: If someone is injured in a government park (owned by the city) or because of ill-maintained governmental infrastructure, sovereign immunity in certain cases can be waived as per Florida Statutes §768.28.
Every case is unique. This is why it is important to work with a personal injury attorney who understands ride-related accidents to help determine the cause, and appropriate party at fault.
How Do Florida’s Injury Laws Affect Your Claim?
According to Florida’s modified comparative negligence law (Florida Statutes §768.81), a victim can recover compensation even if he or she was partially at fault. But if you are determined to be more than 50% at fault, you may not be able to recover compensation at all.
This concept only compounds the need to fight alongside a theme park accident lawyer who can tell your side of the story.
Furthermore, the general time frame within which to bring a claim for personal injuries in Florida is two years following the date of such injury as provided in Section 95.11 of Florida Statutes. Failure to meet this deadline means that you will lose all right of action for compensation.
Why Should You Hire a Premises Liability Lawyer in Orlando?
Theme Park injury claims are typical car accidents. These cases involve:
- Complex corporate liability chains
- Rigorous insurance adjusters
- Internal investigations by park attorneys
- Confidential ride maintenance records
- Corporate defense tactics
An experienced premises liability lawyer orlando will help you:
- Subpoena logs of maintenance records and surveillance videos
- Interview key witnesses, including employees
- Work with engineers or ride safety specialists
- Negotiate with insurance companies to maximize compensation
- Get your case ready for trial if the settlement doesn’t work out
At Dennis Hernandez Injury Attorneys, we are not intimidated by corporate defense lawyers. We have a reputation for helping our clients recover millions and millions — we fight to get you paid!
Can Tourists File Claims Too?
Absolutely. Many Orlando tourist simply don’t know their rights, and turn out to become another statistic. Florida statute is the same for in-state or international visitors. If you are injured while vacationing, you can still pursue a claim.
But it’s all about acting fast. Evidence can decay and deadlines are also highly fact-specific, especially if you consider the statute of limitations from your home state is different. Hiring a Florida licensed personal injury lawyer guarantees your case proceeds in the correct legal manner.
What to Look for in a Theme Park Accident Lawyer?
In choosing your representative, you should put the following first:
- Prior practice in the area of amusement ride injury compensation
- Clear communication and transparency
- Excellent negotiations and has a very good presence in court
- Results-oriented experience and a record of success in personal injury law
The attorney you hire should not only be well-versed in Florida state law but ready to take on these huge park corporations that have access to these unlimited legal resources.
What Should You Do Next?
If you’ve been injured in a theme park ride accident, it’s time to take action. The quicker you act, the greater your likelihood of obtaining a full and fair compensation.
Let Dennis Hernandez Injury Attorneys see to your recovery—physical, emotional and financial. We are proud to serve residents and tourists throughout Florida. Call us now for a free consultation.
We fight to get you paid!
