Angela was excited to treat her family to a couple of days at a Florida theme park. Little did she know how the day would actually turn out. While leaning against a bridge railing taking selfies, the railing gave way. Angela fell, sustaining serious injuries. Her children, who had witnessed the accident, were traumatized. As she recovered in the hospital, she wondered how she would pay for her medical bills. And how would she support her family while she was off work?
What Do a Florida Theme Park and a Coffee Shop Have in Common?
If you take away the flashing lights, life-sized cartoon characters, and roller coasters, they’re both just businesses. Both offer products and services to consumers. And both have responsibilities toward the people who use those products and services.
Businesses are expected to provide a reasonably safe environment for their customers and visitors. In fact, this obligation is considered a duty of care.
Like other Florida businesses, a Florida theme park is expected to maintain its facilities. And they also need to warn visitors of potentially unsafe conditions.
But this brings us back to our original question: If you have been injured, will the park pay for your medical bills and lost wages?
Who’s Responsible for Injuries Sustained at an Amusement Park?
The answer is really, “it depends.” You and your Florida personal injury lawyer will need to discuss the circumstances surrounding your accident. In some cases, you might find that the park is not responsible. But please do not make that decision without first talking with an attorney.
Generally, this is what you need to prove when suing a Florida theme park for compensation:
- Duty of Care. Did the park owe you a duty of care? In other words, was the park responsible for making sure the facility was safe. Sometimes you might have to make claims against the park operator, one or more vendors, construction companies, and property owners.
- Breach of that Duty of Care. Did the park do something or fail to do something? In Angela’s case, did the Florida theme park maintain the bridge railing that collapsed? If the park operators failed to inspect and maintain the railing, they could be liable for her damages.
- Causation. Did the park’s breach of its duty to care cause the injury? Did the park know the bridge railing was unsafe but failed to post warnings to visitors?
- Damages. Did the park’s breach of its duty to care cause any injuries or other harm? For example, Angela sustained several broken bones and head trauma. She will be unable to work or care for her children for months. Also, her medical bills will be astronomical. Her damages might be covered if she and her lawyer make a claim against the park.
At every step, it’s important to get the legal advice you need. Trying to deal with the park and its insurers by yourself literally could leave money on the table.
Call to Learn More About Your Possible Florida Theme Park Lawsuit
If you have been hurt because of someone else’s negligence, you need help from top-rated, hard-working representation. At Shapiro|Delgado, our attorneys put their injury law experience to work for you. And we handle cases on a contingency basis, which means we don’t get paid unless you do.
We represent clients throughout Florida, including Sarasota, Bradenton, Tampa, Saint Petersburg, Pinellas County, and surrounding communities.
To set up a free personal consultation, call 941-954-4000 or use our convenient online contact form.
Your family counts on you.
You can count on us.