What Happens If You Are Hurt At A Theme Park?
Brian O Sutter
Premises Liability
Florida is the third most populated state in the country, and one of the most visited by far. Every year, millions of people visit the state to enjoy its beaches, its weather, and – of course – its theme parks. But what happens when a day of fun turns into a serious injury? While it’s usually not something that is publicized frequently, accidents do happen at amusement parks including those in Florida. Despite all of the rigorous safety standards that parks have to adhere to, sometimes things just go wrong.
So what kind of rights do you have? Can you file a personal injury lawsuit to recoup your damages? Will you be able to get back on your feet after a serious injury? These are all good questions, and getting answers can help you know what to do if the unthinkable happens to you.
Understanding Fault
In Florida, as with most states, fault is the primary factor behind what options you have when it comes to seeking compensation for injuries. The main thing to keep in mind is that if you’re hurt in an accident, you’ll have to prove that the other party involved was negligent or reckless and that their reckless or negligent behavior is what caused the accident and your injuries.
In many cases such as automobile accidents, this is fairly straightforward – negligence or recklessness usually means things like drunk driving or speeding. But in a theme park accident, things aren’t quite so simple.
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Your Rights After A Theme Park Accident
You may still be able to get compensation through a personal injury claim, but in order to do so you will still have to show fault. And with a theme park accident, that’s not as simple. The reason is that proving fault and negligence in these kinds of accidents takes a considerable amount in most situations.
When you enter a park or get on a ride, you’re assuming responsibility for yourself and your health. There is a level of risk inherent in your activity, and by doing it willingly you’re are agreeing to that risk.
You may have a claim if you can show that those responsible for maintaining safety in the park acted in a negligent way, however. Some examples include:
• Failing to follow all state safety codes
• Failing to do routine inspections
• Failing to stop or close a ride if a problem becomes apparent
• Failing to warn riders of all the risks associated with an activity or ride
Essentially, you have to prove that those responsible for safety in the park knew of a safety issue but chose to ignore it or not to warn anyone about it. If they were unaware of an issue, you may have limited rights.
Of course, you can still file insurance claims and try to get a settlement, but remember that it’s not always as simple to do when it comes to these types of accidents.
Getting Results
For most, the only option you will have that can improve your odds of receiving some kind of compensation is to turn to the professionals. A good Florida personal injury attorney can be your greatest ally during the recovery period. They will stand up for your rights, argue your case, negotiate settlements, and take the stress of getting compensation off your shoulders.
If you’ve been hurt in an accident at a Florida theme park, finding out more about your options and your rights should be your first step. Our law office has decades of experience in giving our clients results and getting them back to where they should be following an accident. Contact us today to get your free consultation and see how we can help you.