Can Tourists Be Held Liable for Theme Park Accidents in Florida?

October 2, 2025

Dennis Hernandez

Millions of people flock to the Florida theme parks to experience thrilling rides, captivating shows and world-class attractions. But with throngs of people, rides and water zones, and moving vehicles, these fun-focused venues also present the potential for serious accidents. When someone is injured, the question arises: who’s legally responsible?

One type of case frequently overlooked is that of tourist-related negligence. If a visitor causes an accident in an amusement park, can they be sued? And what is liability when an injury spoils what should have been a great family vacation?

At Dennis Hernandez Injury Attorneys, we’ve helped injury victims win millions and millions of dollars in compensation—and we’ll fight to hold those responsible accountable for their actions. If you are pursuing a theme park visitor injury claim, here is what you need to know.

What Is Negligence Under Florida Law When It Comes to Theme Park Accidents?

Florida personal injury law is predicated on negligence, which is the failure to use reasonable care when one has a duty to do so and your actions cause another person harm. If you or a loved one are harmed as the result of an amusement park accident, negligence may be caused by any number of parties:

Amusement park owners who don’t keep their premises safe.
Ride operators who fail to adhere to protocols.
Disruptive visitors that hurt people by not following rules.

Under Florida Statutes § 768.81, Florida abides by a modified comparative fault standard. That is to say that the fault of each party is taken into account, and awarded damages are diminished accordingly. Someone more than 50% at fault can’t recover money from anyone else.

So if, for instance, a tourist started an accident by forcing their way through a restricted area and injuring someone, and they were found to be 60% at fault, they may find themselves on the hook for at least some of the damages — or all of them.

What Is Tourist Accident Liability in Florida?

Florida tourist accident liability is the legal responsibility a visitor may have due to their own careless behavior that results in harm done. Although most people who have been injured tend to hold the theme park responsible, there are situations in which an entirely unrelated party (a visitor) was directly at fault.

Now consider a tourist who disregards safety signs, hops a railing or knocks aside a barrier and crashes into someone. Should that person be injured, the tourist may be sued in civil court. When this happens, the injured party can sue for damages with help from a personal injury attorney.

Determining tourist liability is not always that clear. Florida courts typically assess:

Whether the visitor’s conduct toward the claimant was unreasonable
Whether they breached that duty.
If that breach led to someone’s injury.

The details of each case are significant, and witness testimony, surveillance video and expert testimony can affect the outcome.

What Are Common Tourist-Caused Accidents at Theme Parks?

Tourist personal injury cases are diverse in their nature, but many can be broken down into common scenarios. Among the most typical are:

Boardwalk Falls

Slippery or damaged boardwalks, crowds and distractions all can contribute to slips, trips and falls. If a visitor creates a dangerous condition — spilling a drink on the floor and failing to mention it, for example — they could be found to bear some responsibility for someone else’s falling as well.

Dock-Related Incidents

Docks have to be maintained for water-based recreation facilities as well. Tourists who elbow through crowds, disregard safety instructions or lean on unsecure railings can unintentionally hurt other people. In these parts, injuries could include blunt trauma, fractures or even drowning hazards.

Ride Misuse

Occasionally tourists disregard ride instructions — unhooking safety harnesses, standing up midride or attempting to hop off prematurely. If this conduct leads to injury to another individual, the offending visitor may be subject to a theme park visitor injury lawsuit.

Who Can File a Claim After a Theme Park Injury?

In Florida, if you’ve been injured through the negligent actions of another person then you can seek compensation under a personal injury action. This includes:

Park visitors who are injured by other guests.
Spectators injured in line or near rides.
Workers hurt by unsafe behavior of guests.

The victim may claim compensation for:

Medical bills (past and future)
Loss of personal income and diminished earning ability
Pain and suffering
Emotional distress
Property damage (e.g. damage to phones, glasses etc.)

And it’s worth remembering that while theme parks have significant insurance coverage, individual guests can be personally responsible for certain kinds of behaviors.

Can You Sue a Tourist Who Leaves the State or Country?

The problem with tourist injuries is that the defendant may relocate to another state or country before a claim is made. Still, you can explore a civil claim against them under Florida law.

Florida courts can apply long arm jurisdiction pursuant to Florida Statutes § 48.193 if the accident took place in Florida and the defendant’s actions led to harm here.

Even if the tourist is from somewhere else, that liability doesn’t magically vanish just because they crossed state lines. A competent personal injury law firm can help locate the defendant, file a lawsuit correctly and find compensation either through insurance or by going to court.

How Do You Prove Negligence in Tourist-Related Theme Park Accidents?

Proving a claim for injury at an amusement park depends on obtaining good evidence. This includes:

Security footage of the tourist’s acts.
Eyewitness statements.
Park incident reports.
Photographs of the scene.
Medical documentation of injuries.

At Dennis Hernandez Injury Attorneys, we consult with professional investigators, accident reconstruction specialists and physicians to maximize the strength of your case.

Are Theme Parks Also Liable When Tourists Cause Harm?

Yes — sometimes. Premises Liability in Florida Owners of property can be held responsible when unsafe conditions or inadequate security lead to injury. If a theme park fails to:

Post adequate signage
Provide sufficient staff supervision
Enforce safety protocols

… then the park could be held partially responsible for accidents, even if they were caused by tourists’ misbehavior.

That is why in many injury claims there are multiple defendants: the park and the guest who caused the incident. Our lawyers can help evaluate the most favorable legal approach and ensure we pursue all potentially responsible parties.

What Legal Challenges Arise When Suing Tourists?

Suing tourists isn’t always simple. Challenges may include:

Locating the at-fault party before they flee, going out of state
Dealing with out-of-State or International Legal processes
Finding insurance coverage (some travel insurance might cover liability)
Proving sufficient evidence of fault

That’s the reason for acting fast. The earlier you reach out to a personal injury lawyer, the better your odds of prevailing. That’s because delays could mean lost evidence, unavailable witnesses or the expiration of a statute of limitations.

How Long Do You Have to File a Claim in Florida?

For the majority of personal injury cases in Tampa, Florida’s statute of limitations is set at two years from the date of the accident or other incident, as defined by Florida Statutes § 95.11. Fail to meet this deadline and your case may be dismissed — even if it’s otherwise a good one.

Don’t wait. If you’ve been injured because of a tourist’s negligence or reckless actions, seek legal assistance as soon as possible. Taking action early can help preserve evidence and protect your right to compensation.

Why Choose Dennis Hernandez Injury Attorneys?

Handling a theme park injury claim — especially one that implicates Florida tourist accident liability — takes skill, strategy and resources. So, do you know where our firm comes in?

At Dennis Hernandez Injury Attorneys, we get our clients millions of dollars in compensation all over the state. We conduct full investigations, assertive negotiations, and aggressive litigation when necessary. And we take no fee unless we win your case.

We know that injury can be life-altering. That’s why we’re here to handle the legal side, so that you can concentrate on getting better. We fight to get you paid!

What Should You Do If You’re Hurt at a Florida Theme Park?

If you suffer an injury at a theme park, do the following immediately:

Document the incident to park personnel, and ask for a written report
Document everything — take photos, get the names of any witnesses and save your receipts.
Even if your injury appears to be minor, visit a doctor.
Do not speak with the tourist’s (or park’s) insurance company until you have an attorney on your side.
Contact a personal injury law firm as soon as you are safely able to do so.

Our team of attorneys can provide the answers you need and help hold wrongdoers responsible for their actions.

Final Thoughts: Accountability Matters—Even for Tourists

Injuries that occur at theme parks can lead to long-term pain, lost wages, and overwhelming medical expenses. When a tourist causes or contributes to that harm, they should be held responsible — as any of us would.

If you’ve been injured at a Florida theme park, call Dennis Hernandez Injury Attorneys today. We’re thankful to serve as your advocate, and we will aggressively pursue the compensation you deserve under Florida law.

We fight to get you paid!