When Is An Amusement Park Liable for Injuries?
May 31, 2019
Injuries at Florida’s Many Amusement Parks
Florida is home to a number of popular amusement parks, making our state one that is frequently visited and enjoyed by tourists. When you plan your vacation, you daydream about the memories you’re going to make — and the fun you’re going to have. One thing you never expect is suffering an injury at one of these themed parks. Amusement parks are supposed to be fun and enjoyable. So, when it happens, it can be confusing as you attempt to navigate your medical care and any legal consequences. Is the amusement park liable for your injuries and associated costs? The answer is, it depends.
Important Components of a Personal Injury Case
It can be helpful to first understand the four important elements of a personal injury claim. In order for a personal injury case to be eligible for compensation, it must include the following:
- Duty of care: The responsible party must have held a legal duty of care to the injured party
- Breach of duty: The responsible party must have acted in a negligent way that breached that duty of care
- Causation: The negligent actions must have been the cause of the injury
- Damages: The injured party must have damages that can be compensated
Establishing Duty of Care
Generally speaking, you could say that the owners of an amusement park owe you a legal duty of care. When you visit the park, you expect that the equipment is carefully maintained and regularly evaluated for safety.
Breach of Duty of Care
Failing to take reasonable action to provide a safe park can deem an amusement park to be liable for your injuries. If there are any known dangers including medical risks of a certain amusement ride, then it is the duty of the park to post signs. However, it is not their responsibility to ensure that all park visitors read the signs so as long as they are posted in a public place.
Proving that it was the action of the amusement park owners or one of their employees that led to the injury can be more difficult. Identifying causation will usually include one of the following:
- Safety risk: Failure to warn a park-goer of a safety risk
- Product defect: Failing to maintain the equipment
- Product liability: When a defect occurs with the equipment
- Premises liability: The responsibility of the amusement parks owner to maintain the property and equipment
In order to demonstrate a personal injury case in an amusement park setting, the injured party must have proof that they experienced actual damages. Minimal damages that cannot be connected to the amusement park are unlikely to be compensated. However, if the plaintiff can demonstrate that the improper maintenance or lack of warning of the amusement park did indeed, lead to the documented injury, then they may be eligible for a personal injury claim.
Amusement Park Accident Potential Defenses
The defense of an amusement park case will usually attempt to demonstrate that:
- Park-goers assume the risk when they enter the park
- It is the responsibility of the park-goer to follow safety procedures
- The park-goer did not follow all safety guidelines including seatbelt usage or maximum weight restrictions
Collect the Compensation You Deserve for Your Dania Beach Amusement Park Injury
The unique laws surrounding an amusement park injury can be complicated. It is crucial that you work with an experienced personal injury lawyer that is familiar with these laws and will fight to get you the compensation that you deserve.
Contact a Parkland Personal Injury Lawyer to Discuss Your Personal Injury Case in Florida
Did you or a loved one sustain serious injuries due to an amusement park injury in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lawlor, White & Murphey represent clients injured because of a child accident in Miramar, Pembroke Park, Hillsboro Beach, Fort Lauderdale, and throughout Florida. Call 754-226-1474 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 2211 Davie Boulevard, Fort Lauderdale, FL 33312, as well as offices in Weston, Pompano Beach, Coconut Creek, Pembroke Pines, and Plantation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.