Holding a Theme Park Liable for Your Injuries

By January 30, 2019Uncategorized

Countless tourists come to our state each year to visit one of the many theme parks in the Orlando area- from the parks at Disney World to Universal Studios and the Wet ‘n Wild Water Park, these attractions can provide enjoyment and fun for the entire family.

However, despite the nationally recognized theme park chain you are visiting, there is always a risk involved if negligence occurs on the part of the park, an employee or other guest. This negligence can result in serious, life-altering injures, even death.

The Benenati Law Firm has been successfully representing individuals who have been injured at Orlando-area amusement parks and across the State of Florida. Just this month, our firm recovered $175,000 for a client involved in a slip and fall at a local theme park. You may know us well for our bankruptcy & debt relief services- we have wiped out over a BILLION dollars of debt for our clients and are one of the top twenty filers of bankruptcy in the nation. We bring this same drive, determination and customer service to our personal injury clients when recovering money for them. When it comes to theme park injuries, the type of legal claims depends on the nature of the accident, although the most common claims are based on either negligence or product liability.

Injuries Due to Negligence

Many times, injuries that are sustained at a theme park are a direct result of the carelessness or negligence of the park or park employee. Amusement parks must comply with the same general laws as other business establishments. This includes a duty to maintain the property in a reasonably safe manner, correct any dangerous conditions and warn park guests of any known dangers.

For example, if you are at Disney’s Magic Kingdom, riding on Space Mountain, but due to the park employee’s negligence in not ensuring that all safety harnesses are secured properly, and you are injured as a result, you may have a claim due to that park employee’s negligence.

The theme park is responsible for the actions of its employees, so if the employee is negligent by failing to do something or by acting carelessly, the park can be held responsible. Negligence can include actions, such as the following:

  • Not posting clear warning signs for riders who have certain health conditions that could be affected by the ride;
  • Posting signs that do not properly warn the riders of the risks of the ride;
  • Not properly training the employees operating the ride;
  • Not maintaining or routinely inspecting the rides or equipment;
  • Not properly operating the ride;
  • Not providing proper instructions to all riders getting on or getting off the ride.

Injuries Related to Product Liability

Injuries have also been known to happen due to defective rides or components of the rides. Parks are charged with properly maintaining, inspecting and operating all rides. If a structural or design defect caused a rider to be injured, the person injured may have a claim against the manufacturer of the ride, even the designer of the defective part along with the park itself. To be successful in these claims, the injured party must show that it was the structure, equipment or defective part that specifically caused the injury or death to the victim.

Deadlines for Filing a Lawsuit

If you have been injured at a theme park or amusement park anywhere in the State of Florida it is important that you know the statute of limitations. This is the deadline you have to file a lawsuit and receive compensations for your injuries. In Florida, the statute of limitations is four years. An injured victim must file a lawsuit against the theme park within this time frame or they will lose the right to sue forever.

Our experienced legal team is available to consult with individuals who have suffered injury at any of Florida’s amusement parks, including but not limited to:

  • Disney’s Animal Kingdom
  • Disney’s Magic Kingdom
  • Disney’s Typhoon Lagoon
  • Disney World
  • Islands of Adventure
  • Sea World
  • Universal Studios
  • Wet ‘n Wild Water Park

The Orlando personal injury attorneys at the Benenati Law Firm knows that guest safety should be a theme park’s number one priority. Unfortunately, that’s not always the case. Oftentimes these parks choose to protect their bottom line, instead of the safety of its’ guests. Our firm’s amusement park injury lawyers help clients obtain justice and fair compensation when they are injured at Florida amusement parks due to no fault of their own. We know the strategies these large corporations and their lawyers use to try and convince you to settle for less than you deserve. Don’t settle for less, call us first on the 7’s at (407) 777-7777.