Hurt at an Amusement Park? You need Burnett Law on Your Side
Florida has plenty of amusement parks that offer children and adults a once-in-a-lifetime experience. There are plenty of locations to enjoy a fun-filled day alone or with family members. Unfortunately, sometimes an amusement park visit can become the source of bad memories if it results in a tragic injury or even death. The United States Consumer Product Safety Commission (CPSC) collects injury data and provides national injury estimates through the National Electronic Injury Surveillance System. In 2021, the CPSC estimated that 34,988 people were injured by amusement attractions, with the majority of those falling in the 5-14 age range. There can be many reasons for an amusement park injury, including:
- Negligence on the part of the guest, including refusal to follow specific ride safety instructions, or deliberate intent to violate park rules.
- The result of a guest’s known, or unknown, health issues.
- Negligence on the part of the park or ride manufacturer, either by the ride operator, maintenance or product liability issues.
If you or a loved one gets injured or dies at one of Florida’s many water parks or amusement parks due to negligence on the part of the park or ride manufacturer, you can file a claim for negligence or product liability against the responsible at-fault party.
Most Common Injuries at Theme Parks
Theme park accidents can cause great harm – from simple cuts to more serious injuries causing permanent disability or even death. The common types of injuries reported in Florida amusement parks include:
- Neck and back injuries, such as whiplash, resulting from severe impacts or sudden motion of some rides.
- Traumatic brain injuries such as aneurysms or contusions from excessive stress.
- Broken bones or torn ligaments from slips, trips, and falls.
- Internal injuries due to falls and other accidents
When is An Amusement Park Liable for Injuries?
Florida laws allow you to file a liability claim if an amusement park owner or employee’s negligent actions lead to an accident causing injury. On the other hand, if your injury is due to a poor design, manufacturing defect, or any other mechanical failure, you can file a product liability claim. You should talk to an amusement park accident lawyer promptly to examine your case and determine if there’s a liability. The Florida Statute of Limitations for legal action in personal injury cases is four years, starting when the accident occurs.
Can I Sue the Amusement Park?
Yes, you can sue the amusement park, ride operators, or other park employees provided you do so within the allocated time frame. The Florida Statute of Limitations for legal action in personal injury cases is four years, starting when the accident occurs.
Legal Claims in Amusement Park Injury Lawsuits
There are two types of claims you can file after an amusement park injury, depending on the reason for your accident. These include:
Amusement Park Injuries Caused By Negligence
The law requires amusement parks to practice a certain level of care and adequately maintain their premises for visitors’ protection. If your accident was related to the amusement park premises/premises liability due to a failure by the staff or owners to act responsibly, you can file a claim for compensation due to negligence.
Amusement Park Injuries Caused By Product Liability
Florida laws require amusement park owners to conduct proper maintenance and safety testing for all rides. If your accident is due to a flaw in product design or a manufacturing defect, you can file a claim for compensation due to product liability.
Which Damages Can I Recover From a Theme Park Accident?
If you can prove negligence or product liability on the amusement park owner’s part after an accident, you will receive fair compensation for your injury. Possible damages could apply to:
- Medical bills
- Lost wages during the period out of work
- Pain and suffering from the injury
- Additional out-of-pocket expenses due to your injury
Have You Been Injured in a Theme Park Accident?
If the unimaginable happens to you or a loved one, there are legal options you can pursue. A personal injury lawyer can help you receive the maximum compensation for amusement park injuries or wrongful death. Talking to a personal injury attorney should be your first course of action if you or a loved one is injured in an amusement park in the state of Florida. Contact Burnett Law Firm today for a free case evaluation of your personal injury claim by our amusement park injury attorney in Tampa, FL.