Are Theme Parks Liable for Pedestrian Injuries in Florida Parking Lots?

September 10, 2025

Dennis Hernandez

Theme parks are among the most popular attractions in the state, drawing millions of visitors each year. But behind the fun and excitement, these sprawling properties—especially their parking lots—pose real risks to pedestrian safety. When injuries occur, the question of liability becomes critical. Understanding how central Florida theme parks liability works is essential if you or a loved one has been hurt on their premises.

At Dennis Hernandez Injury Attorneys, we’ve recovered millions and millions for our clients across Florida. We know how to hold negligent parties accountable—whether that means pursuing a lawsuit or negotiating with insurance providers. We fight to get you paid!

What Legal Responsibilities Do Theme Parks Owe to Visitors?

Under Florida law, theme parks are considered business invitees. That means they owe visitors a high duty of care—not just inside the park but also in adjacent areas like sidewalks, restrooms, food courts, and most notably, parking lots. According to Florida Statutes §768.0755, property owners can be held liable for injuries caused by dangerous conditions they knew or should have known about.

Parking lots are no exception. Poor lighting, lack of clear signage, uneven pavement, or inadequate traffic control can all contribute to pedestrian accidents. If a park fails to take reasonable precautions to ensure safety, they may be held accountable through premises liability litigation.

What Are the Most Common Causes of Parking Lot Pedestrian Injuries?

While these spaces seem mundane, theme park parking lots are high-risk zones due to the volume of both foot and vehicle traffic. Several key factors contribute to accidents:

Driver distraction: Guests arriving or leaving may be checking their phones, managing kids, or rushing, increasing the risk of hitting a pedestrian.
Poor visibility: Inadequate lighting and unclear lane markings make it harder for drivers to spot walkers—especially at night or during rain.
Lack of signage: Without clear directional arrows or crosswalks, drivers and walkers alike may behave unpredictably.
Unsafe walking surfaces: Cracks, debris, and potholes can cause slip and fall incidents—especially hazardous for older adults or those with mobility issues.

Any of these issues, if left unaddressed, could result in a theme park being deemed negligent. That’s where a skilled accident lawyer or car accident attorney can step in to evaluate your legal rights.

How Does Liability Insurance Play a Role in These Accidents?

Every major theme park carries liability insurance to cover accidents on their property. This insurance helps pay for:

Emergency medical costs
Long-term care for serious injuries
Lost wages or earning potential
Pain and suffering
Wrongful death claims

The park’s insurance company will often try to minimize payouts by shifting blame onto the injured party. If they succeed, it can reduce or eliminate your compensation under Florida’s comparative negligence law (Statute §768.81). For example, they may argue that the pedestrian wasn’t using a designated walkway.

Hiring an experienced car accident injury lawyer near me or lawyer near me for car accident can ensure your side of the story is heard, evidence is preserved, and your rights are fully protected.

What Evidence Strengthens a Theme Park Liability Claim?

When someone is injured in a parking lot, the strength of their claim often depends on the quality of documentation and legal representation. Helpful evidence includes:

Photos or videos of the scene, especially any hazards (e.g., broken pavement or poor lighting)
Witness statements from other guests or employees
Incident reports filed with the park
Medical records linking the injury directly to the accident
Security camera footage—parks often have extensive surveillance, which can be requested during litigation

These forms of documentation are vital for your traffic accident attorney near me or slip and fall lawyer to build a strong case.

Can a Theme Park Be Sued for Wrongful Death?

Tragically, some parking lot accidents result in fatalities, particularly involving large vehicles or children. When this occurs, surviving family members may have grounds to file a wrongful death lawsuit.

Under Florida Statutes §768.21, the family of a deceased victim may seek damages for:

Funeral and burial costs
Medical expenses incurred before death
Loss of companionship
Emotional suffering
Lost future income

In these cases, a qualified wrongful death attorney or wrongful death lawyer can help navigate the legal complexities and pursue justice on your behalf.

Are Theme Parks Liable if a Guest Is Hit by Another Driver?

Yes—under certain circumstances. If the park failed to provide a safe environment (e.g., no traffic attendants, poor signage, or lack of pedestrian walkways), they may share liability with the at-fault driver. A car accident lawyer or truck accident attorney can evaluate whether dual liability applies.

Additionally, parks may be held responsible if they hired or retained contractors (e.g., security or parking services) who acted negligently.

How Do Central Florida Attractions Impact Safety Expectations?

As more central Florida attractions continue to grow in popularity, the volume of daily visitors increases. With more foot traffic comes a higher standard of care. Theme parks must implement and enforce safety policies that match the scale of their operations. Failing to do so can result in more serious injuries and greater central Florida theme parks liability exposure.

What Should You Do If You’re Injured in a Theme Park Parking Lot?

Here’s what you should do immediately:

Get medical help – Your health comes first.
Document everything – Take photos, write down details, and collect witness names.
Report the incident – Notify park management and request an official accident report.
Consult a lawyer – Don’t let insurance companies minimize your claim.

A seasoned car accident lawyer or accident attorney can help you assess your case and seek fair compensation.

How Can Dennis Hernandez Injury Attorneys Help You?

When you work with our team, you’re not just getting legal support—you’re getting committed allies who understand Florida law, injury litigation, and how to deal with big corporations. We specialize in:

Premises liability and central Florida theme parks liability cases
Negotiating with insurers and pursuing liability insurance claims
Using expert testimony to prove fault
Preparing for trial, if necessary

Whether you’re dealing with injury from a vehicle collision or an unsafe walking surface, we’ll fight hard to get the compensation you deserve. We fight to get you paid!