Getting Hurt at a Theme Park in Florida? Your Legal Rights and Options
Visiting an amusement or theme park is usually fun and exciting. But accidents can happen, and you or someone with you may get seriously injured on a ride. If this happens, you probably have a lot of questions. Can I sue the park? Who pays my medical bills? What are my rights?
This article will help explain your options. Keep reading to learn:
-
What is negligence at a theme/amusement park, and who could be responsible
-
Steps to take if hurt on a ride
-
Your rights to compensation
-
How a lawyer can help
-
Answers to common legal questions
The Soffer Firm has been voted Super Lawyers “Rising Star” and “National Trial Lawyers – Top 40 Under 40” multiple years because of how hard we work for our clients. We don’t get paid unless you get paid, and we have recovered millions for our clients.
Our Florida personal injury lawyers help you navigate the complexities of your legal case. Call us today at (786) 788-7344.
What Counts as Negligence at a Florida Theme Park?
In simple terms, “negligence” means the park failed to act with reasonable care. This failure resulted in someone’s injury at the amusement park.
Examples of negligence include:
-
Not properly maintaining rides
-
Not doing adequate safety checks
-
Not training staff properly on safety rules
So, if a park’s carelessness directly caused your accident, they may owe you compensation.
Determining Who Is Liable
Figuring out who is legally liable (responsible) for a theme park injury can get complicated. Often, multiple parties share blame for an accident. Responsibility could fall on:
-
The park/operators
-
Ride manufacturers
-
Other riders who violated safety policies
The details of how and why the incident happened impact who gets liable. For example:
The park might be at fault if faulty maintenance caused a mechanical failure. But if a flawed design or manufacturing defect caused equipment to malfunction, the ride maker could shoulder responsibility instead.
Proving another park visitor acted negligently to contribute to your injuries can also establish liability on their part. An experienced attorney can help analyze all angles of your case.
Steps to Take After A Theme Park Accident
Get Medical Help
First and most importantly, ensure everyone injured immediately sees a doctor. Don’t delay emergency treatment or downplay symptoms. Your health comes first! Document all diagnoses, treatments, expenses, and recovery details.
Gather Evidence
Take photos and videos that depict the scene, ride vehicles, and obvious hazards. Get contact info and statements from witnesses while the facts are still fresh. Hold onto maps, safety policies, and any other park documents. Evidence helps prove liability.
Report the Incident
Tell park management about the accident ASAP. This creates an official record that includes timing and a description of the event. Be as accurate and factual as possible. Emotional accounts may not impact reports, but facts will.
Call a Personal Injury Lawyer
Consult with a personal injury attorney who is skilled in amusement park accidents. They will advise if you have grounds to sue for compensation from the park, ride maker or other liable parties. More on your legal options and rights next.
Your Rights to Compensation
If park negligence caused your injury, you may recover multiple types of “damages” (compensation):
Economic Damages
This covers quantifiable financial losses like:
-
Medical expenses
-
Lost income from missed work
-
Other accident-related costs
Non-Economic Damages
Money awarded for intangible losses such as:
-
Physical pain/mental trauma
-
Disfigurement from scarring
-
Diminished quality of life if disabled
-
Loss of companionship if a loved one died
Punitive Damages
Extra penalties to “punish” a defendant who acted with gross negligence or clear disregard for safety. These are hard to win but act as motivation for companies to put more care into preventing risky accidents.
Consult an Amusement Park Attorney About Your Settlement Offer
After reporting your injury to the park, they may contact you to offer a settlement. This means they want you to sign away your right to sue in exchange for a lump sum payment.
Don’t immediately accept an offer without having a lawyer review it first. Early settlements tend to favor theme park interests over the full scope of your financial and health losses.
An attorney can calculate the true value of your damages. This allows you to negotiate a larger, fairer settlement – often without needing prolonged litigation.
Do I Need an Attorney to Sue a Park?
Legally, no. However, recovering damages for theme park injuries involves complex state laws and intense legal dealings.
Corporations invest heavily in protecting their finances from injury lawsuits. Without legal representation fighting for your best interests, parks, and insurance companies hold all the power.
Personal injury law offices have resources individual citizens lack:
-
Legal skills to prove negligence
-
Teams of investigators, paralegals, and support staff
-
Funding to cover case costs until you win damages
-
Experience negotiating sizable settlements
All of this levels the playing field so victims can emerge with rightful compensation after a traumatic, life-altering accident.
Frequently Asked Questions About Theme Park Injuries
-
Can I Sue Disney World Or Any Theme Park In Florida If I Am Hurt On A Ride?
Yes, you can sue. But you would need to show evidence that injury resulted from the negligence (carelessness) of Disney or another park, not just an unforeseeable accident.
-
What Types Of Compensation Are Available In Florida?
You can recover damages for medical costs, lost income, pain/suffering, and punitive penalties as outlined. Based on state laws and jury history, only an experienced Florida attorney can determine what a fair settlement might cover.
-
How Much Time Do I Have To Sue In Florida?
The statute of limitations gives you two years from the date of injury to take legal action or lose your right to sue forever. Meet with an amusement park lawyer immediately so they can build your most substantial possible claim before time expires.
-
What If I’m Offered A Settlement Right Away?
Again, don’t accept any offer until discussing it with your attorney first. Early settlements tend to minimize how much parks pay compared to the long-term costs of health care/lost wages victims often face.
-
Is Hiring A Florida Amusement Park Lawyer Worth It?
Yes! Handling a lawsuit alone means you pay for costs 100% out of pocket until winning a judgment, if ever. Injury lawyers front all fees to eliminate financial risk for you. Their experience valuing cases typically results in far higher settlements than individuals can secure negotiating with corporate legal teams.
Why Consider The Soffer Firm?
Our Florida personal injury firm has helped many theme park accident victims get justice. Clients choose us because:
-
We have decades of extensive experience with amusement park injury cases.
-
Our reputation for achieving exceptional settlements precedes us.
-
We are not intimidated to litigate injury claims against huge theme park entities.
-
Our lawyers provide compassionate counsel and closely guide clients through legal intricacies.
-
We front all lawsuit costs so financial constraints never impede justice.
Our Florida personal injury lawyers help you navigate the complexities of your legal case. Call us today at (786) 788-7344.