Theme parks are built on the promise of the thrill, but when trams, monorails or shuttle buses break down or crash, a fun day can turn tragic. These critical park operations systems shuttle thousands of guests every day. But when accidents do happen, the injuries they cause can be catastrophic. You may wonder: whose fault is this?
At Dennis Hernandez Injury Attorneys, we have won millions and millions for injured clients throughout Florida. We know how to fight transportation injury claims in amusement parks, and get you the money you deserve!
This article delves into the causes, legal consequences and steps you should take when you or your loved one are involved in a transportation injury at a theme park.
Why Are Theme Park Transportation Systems Considered High-Risk?
Subway, light rail and trolley trams, monorail, or shuttle busses moving people through crowded areas day in and day out. Although these systems are designed to reduce friction for guests, they expose a new set of threats because:
- Stops and starts in congested areas
- Limited visibility around tight corners
- Passenger boarding without restraints
- Aging vehicles or outdated equipment
Though usually safe, lack of supervision can result in tragic injuries to accident victims for which prompt investigation is critical.
What Types Of Injuries Happen On Trams, Monorails, And Buses?
Passengers harmed while riding on theme park trams and shuttles can experience numerous forms of trauma, such as:
- Fractures resulting from sudden stops or falls while boarding
- Head and neck injuries due to collisions or derailments
- Crush injuries from limbs becoming strapped in or caught in vehicle doors
- Skin tears due to defective seats, handrails or sharp interior fittings
In more severe cases, traumatic brain injuries or damage to the spinal cord can take place when a car flips or if it ejects its passengers during an accident.
What Legal Duties Do Theme Parks Have To Protect Riders?
Under a theory of premises liability in Florida, theme parks also have a heightened duty to their patrons. Visitors, in the capacity of “business invitees”, are privileged to:
- Safe and well-maintained transportation vehicles
- Properly trained operators and support staff
- Sufficient warning signs and safety procedures
- Regular review and maintenance of all transportation equipment
If someone is hurt and the theme park does not live up to these duties, it can be held responsible under Florida Statutes §768.28.
Can Theme Parks Be Held Liable For Transportation Accidents?
Yes. If a place did not provide for your proper safety when going to an amusement park, you are entitled to financial recompense. Liability may arise from:
- Neglecting to perform regular safety checks
- Employing inexperienced or improperly trained drivers
- Failing to take into account known risks on transportation pathways
- Delaying necessary repairs or maintenance
Such types of neglect are included in what is known as premises liability, where property owners have a duty of care to take reasonable precautions to keep visitors safe.
What Role Does Negligence Play In These Claims?
To prove negligence, you’d have to show the park:
- Owed you a duty of care
- Violated that duty by being negligent
- Other than as a consequence of the breach, made your injuries happy
- Compensatory damages may include actual injuries, such as medical expenses, lost wages or pain and suffering
In Florida, the comparative negligence statue (Florida Statute §768.81) allows damages to be awarded even if the injured party was partially at fault, provided they were less than 50% at fault.
Are Manufacturers Ever Responsible For Theme Park Transportation Accidents?
Yes. If the injury-causing factor is a product defect related to design or manufacturing, then the manufacturer of the tram, bus or monorail might be responsible under Florida’s product liability law. Examples include:
- Faulty braking systems
- Malfunctioning doors
- Electrical issues causing sudden shutdowns
- Failure of seat or restraints system structuring
A seasoned transportation injury at amusement park attorney can determine if defective equipment played a role in your injuries and file a lawsuit against the manufacturer, if applicable.
What Should You Do Immediately After A Tram Or Monorail Injury?
The proper steps to take after an injury are crucial. Here’s what to do:
- Get treated: Even mild symptoms could be a sign of serious injury. Timely assessment also establishes a medical record of your situation.
- Report: Notify park staff and request a written report. Ask for a copy and write down names of employees.
- Snap pictures: Snap photos of your injuries, the vehicle, surrounding area and anything you can see that’s been damaged or may have defects.
- Gather witnesses: If you can find anyone who witnessed the accident, make sure to get his or her name and contact information since they could be valuable in the future.
- Preserve evidence: Save your clothing and any other personal items involved in the incident. They could corroborate your account.
These are all some important steps to help bolster your potential claim by building trails of substantial evidence.
What Types Of Compensation Can Victims Recover?
The category of damages that a successful plaintiff may recover include:
- Medical: ER visits, surgeries, therapy and medication
- Wages that were lost: If you can’t work because of your injuries
- Loss of earnings in future: when Permanent Disability affects your ability to earn livelihood
- Pain and suffering: Physical and emotional pain of the trauma
- Disfigurement: Scars or other permanent damage to your appearance
- Loss of consortium: When the injury damages a relationship with a spouse
In exceptional cases of extreme neglect, punitive damages in the form of compensation also can be awarded to punish the defendant and prevent others from committing such acts.
How Can A Theme Park Shuttle Injury Lawyer Help?
Victims are frequently met with aggressive insurance adjusters and legal teams bent on minimizing payouts. An experienced attorney will:
- Investigate the accident thoroughly.
- Subpoena maintenance and inspection records.
- Interview witnesses and employees.
- Collaborate with engineers or transportation safety experts.
- Handle communication with insurers.
- Press for a full and fair settlement, or go through with the trial.
At Dennis Hernandez Injury Attorneys, we have successfully represented numerous clients who have received the compensation they deserve and are willing to take on any corporation. We fight to get you paid!
What Are The Deadlines For Filing Transportation Injury Claims?
In Florida Statutes §95.11(4)(a) means like the majority of personal injury cases you have 2 years to file from when the incident occurs. However, some cases for government-owned parks or mass transit systems may have shorter time frames or notice required pursuant to sovereign immunity laws.
Surveillance footage or maintenance logs might be purged over time, so it’s crucial that you move swiftly. Talking to a Central Florida monorail accident victims lawyer turn to early is the best way to safeguard your legal rights and receive just compensation.
What Steps Should You Take Next?
If you or a family member is injured on a theme park tram, monorail, or bus, don’t go through the complex process of seeking damages alone. Instead:
- Call 911 if you need emergency care
- Notify park officials and request a report
- Consult with a theme park shuttle injury attorney without delay
- Start recording costs and stick to your treatment plan
The sooner you contact the attorney you can rely on, the more likely it is that we will be able to help ensure that you receive compensation for everything you have lost.
