Who Is Legally Liable for Injuries at a Theme Park / Amusement Park? By Moody Law | Personal Injury Attorneys on May 09, 2024

woman’s leg in a braceA day spent at an amusement park should be fun and carefree but when an accident happens it can lead to life changing consequences. At the Tampa office of Moody Law, our attorneys work to recover compensation for accident victims and hold negligent parties liable. 

Just who can be held legally liable in a theme park or amusement park accident depends on several factors. Our personal injury attorneys, who serve Lakeland, FL, Winter Haven, FL, and surrounding areas, would like to take a moment to discuss these factors and legal options for recovering damages from a theme park accident.  

Causes of Amusement Park Accidents

Florida is full of amusement parks. Tampa alone has several including Busch Gardens Tampa Bay, Adventure Island, and Adventure Outpost. With so many amusement parks, injuries are bound to happen but it’s the duty of those who own and operate theme parks to keep their properties as safe as possible for their guests.  

Even so, the Florida Department of Agriculture and Consumer Services (FDACS) has reported that as of April 2024 there have already been ten recorded injuries at theme parks throughout Florida this year alone. 

While a cause of injuries is not included the report from the FDACS, some possible causes of theme park injuries include:

  • Failure to repair or maintain rides and the overall property
  • Improper operation of rides or attractions 
  • Lack of supervision in areas for attractions or areas with drowning hazards 
  • Inadequate security  
  • Inadequate warnings or signage about ride dangers 

Who Can Be Held Liable?

When a theme park injury occurred due to another party’s negligence, it may be possible to hold them legally liable. A lawsuit may be filed if the party accused of negligence owed a duty of care to the injured party, the duty of care was broken, and resulted in injury or other damages. 

Determining which party was negligent and liable for damages depends on the circumstances of the accident and injury. Most often in a theme park accident, lawsuits will fall under premises liability to hold the property owner liable, or under product liability when a defective product caused the injury. In a product liability lawsuit anyone in the chain of distribution could potentially be held liable. 

Holding Parties Liable under Premises Liability 

Under premises liability, the party who owns or operates a property may be held liable if they were negligent in keeping the property safe or failed to provide notices or warnings for known dangers. In theme parks this means keeping rides safely operating, providing proper training to staff, putting up signs to advise guests of hazards or the risk of rides to guests with medical conditions, among other things. 

When an accident occurs due to a park owner or property manager’s negligence, injured parties may seek compensation for such damages as:

  • Medical expenses
  • Loss of wages
  • Mental anguish  

Holding Parties Liable under Product Liability

In some circumstances theme park accidents are caused by a product defect, like a faulty brake system or faulty safety harness. 

The party held liable for a defective product could be a ride designer, the manufacturer of the faulty component, the company that built the ride, or anyone involved in the distribution chain who acted negligently. 

As with premises liability cases, those who are injured as a result of a product defect may seek compensation for such things as medical expenses, lost wages, and pain and suffering. 

Schedule a Consultation

If you or a loved one have been injured in an amusement park accident, it’s important to speak with an attorney to learn more about your legal options. Contact our Lakeland attorneys to schedule a free consultation.  

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Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090.

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