Every year, many people visit amusement parks. The thrill of the rides coupled with good times shared with family and friends make theme parks a popular destination. Florida is home to major amusement parks, such as Disney World, Epcot, and Busch Gardens. Unfortunately, theme park rides and attractions are not always designed or maintained properly. If you have suffered a preventable injury at an amusement park, you may be entitled to compensation for the harm you suffered. At the Law Offices of Robert Dixon, our reputable Miami accident attorneys will diligently examine the facts of your case and seek the justice you deserve.
Under Florida law, theme parks are accountable for the safety of their visitors and must follow the same basic laws that apply to other types of businesses. As a result, theme parks have a legal obligation to maintain the property in a reasonably safe condition, correct hazardous conditions, and warn patrons of known dangerous conditions. Common causes of amusement park injuries include malfunctioning rides, concession stand food poisoning, dangerous property conditions, and improper supervision of ride passengers.
There are local, state, and federal laws that mandate that amusement parks follow maintenance guidelines and conduct certain safety inspections. Additionally, amusement parks are required to create height limits for various rides, warn patrons of potential dangers, and have stringent training standards for ride operators.
While there may be other causes of action, in many instances, an individual who was injured at a theme park will be able to recover compensation under the theory of negligence. Negligence is the failure to use reasonable care in one’s actions or omissions. Reasonable care is defined as how a prudent person would act in the same or a similar situation. In order to prevail on a negligence claim, the plaintiff must establish the following elements: i) the amusement park owed the plaintiff a duty of care; ii) the amusement park breached the duty of care owed to the plaintiff; iii) the amusement park’s breach led to an accident; and iv) the plaintiff suffered injuries as a result. All four of these elements have to be shown in order to recover on a negligence claim.
Plaintiffs have a limited time to file an injury lawsuit, known as the statute of limitations. Under Florida law, a plaintiff has four years from the date of the accident to file a lawsuit in civil court. If you don’t file a claim within this time frame, the court will likely refuse to hear your case altogether.
Amusement park injuries may also give rise to a products liability claim or a premises liability claim.
At the Law Offices of Robert Dixon, our highly skilled Miami injury lawyers are dedicated to helping individuals who have been injured due to the negligence of others. We are committed to seeking justice and compensation for our clients. With years of experience, we aim to settle every case as efficiently and effectively as possible. However, rest assured that we are not afraid to fight for your rights in the courtroom if a settlement cannot be reached. For more information about your legal lights and options, do not hesitate to contact us online or call us today at 1-877-499-HURT (4878) for a free, confidential consultation.
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Can You Be Considered Comparatively Negligent in Florida for Wearing High Heels?, South Florida Injury Lawyer Blawg, May 13, 2015
Is a Florida Resort that Provides Alcohol Liable When an Intoxicated Patron Drives and Injures Someone?, South Florida Injury Lawyer Blawg, May 13, 2015