When visiting Florida’s famed theme parks, most guests anticipate thrills and excitement, not injuries – but accidents can and do happen, and it pays to be prepared. Today, we will look closer at the legal aspects surrounding theme park injuries in Florida and how you may be eligible for compensation following an injury.
Overview of Florida’s Amusement Ride Safety Regulations
In Florida, the term ‘amusement ride’ encompasses a wide range of attractions, but it is legally defined as ‘any building, structure, or mechanical device that moves, carries, or conveys patrons in a confined area for the purpose of providing amusement, pleasure, or excitement.’
Under Florida Statutes Chapter 616 Section 242, the responsibility of ensuring the safety of these rides falls heavily on the owners, operators, and managers. All amusement rides in the state must comply with strict safety standards, anything from the rides’ structural integrity to the staff members’ training.
One piece of legislation that has further strengthened these safety measures is the Tyre Sampson Act. Named after a tragic incident involving a young teen, this act has been instrumental in tightening the operational requirements and safety standards of Florida’s theme parks. It emphasizes the importance of nondestructive testing to verify the integrity of rides, ensuring that potential faults are identified and rectified before they can cause harm.
Legal Implications and Responsibilities
In the aftermath of a theme park injury in Florida, it becomes time to look for who is at fault. The primary responsibility lies with the theme park owners and operators, who are obligated to ensure the safety of their attractions. Should an injury occur, they must promptly report the incident to the appropriate authorities and conduct a thorough investigation to identify any defects or operational failures.
As an injured party, one of your most important jobs is fully understanding your rights under Florida law. Florida allows you to pursue compensation for injuries sustained due to negligence or oversight by the theme park. By filing a personal injury claim, you can gain a path toward financial compensation for medical expenses, lost wages, and other damages. Additionally, you may have a claim against more than just the theme park operator – also the ride’s manufacturer and other entities involved in the ride’s distribution and maintenance.
- Seek Immediate Medical Attention: Treating injuries and taking care of you and any other injured parties should be a top concern before considering any legal options.
- Consult an Attorney: While you can reach out to a personal injury attorney at any time, finding a lawyer experienced in theme park accidents early on can help protect your legal rights and guide you on your next steps.
- Contact Park Staff: Notify amusement park staff about the accident to allow them to begin the reporting process. Afterward, request a copy of the written report for future lawsuits and negotiations.
- Document the Scene: Gather as many videos and photographs as possible highlighting the injury scene, the equipment involved, and relevant warnings/signage related to the ride and potential injuries.
- Gather Witness Information: Try to gather as much information as possible from people who witnessed the accident or were on the ride simultaneously. At a minimum, attempt to collect contact information and reach out to these individuals at a later date with your attorney,
- Preserve Evidence: Keep all relevant documents, including medical bills and correspondence between you (and your attorneys) and the park.
- Follow Medical Advice: Always follow the advice of medical professionals, both to ensure a quick and speedy recovery and to limit the shady negotiation tactics available to insurance companies in the future.
- Report to Insurance and Begin Proceedings: Inform your health insurance company about the incident and talk to your attorney about further options. If traveling from out of state, contact your travel insurance provider to see if they provide assistance as well.
Probinsky & Cole are personal injury attorneys with offices in Sarasota, Riverview, and Orlando. Call us today if you have been injured on an amusement ride in Florida.
