New Year’s Eve: A Bad Time to Be a Pedestrian in Florida
People flock to Florida from all over the world to go to the many amusement parks to choose from in the state. With so many people coming to enjoy these parks, it’s no surprise that amusement park accidents can and do happen.
Just a few years ago, Universal’s Volcano Bay water park was shut down due to electrical issues, and team members were taken to the hospital for exposure to electrical current. The team members are fine, but everyone knows water and electricity together can spell disaster.
At another Orlando amusement park, firefighters performed a high-angle rescue after a ride became stuck. No injuries were reported, but it still makes for a scary and harrowing experience for all involved. It demonstrates just how often rides at these parks can have issues, some of which can lead to injury.
If you’re injured at an amusement park, is there anything you can do? Here’s what you need to know about Florida personal injury law as it relates to amusement park accidents and what choices you have if you are injured at one.
Common Causes of Amusement Park Accidents
There are many ways that someone can become injured at a Florida amusement park and many can be traced back to some form of negligence. If rides aren’t maintained correctly then that can lead to accidents due to negligence, but some other common ways accidents occur include:
- Slip and fall accidents
- Food poisoning
- Poor conditions at hotels/resorts
- Improperly trained ride operators
- Animal bites
This isn’t an exhaustive list, but it does give you some idea of how people are injured at amusement parks in the state.
Who Is Responsible for Amusement Park Injuries in Florida?
Determining who is responsible for an injury at an amusement park can be tricky. That’s why it’s in your best interest to hire an experienced Florida personal injury attorney to help you pursue a claim.
An experienced personal injury attorney can help determine if the staff at the park, property owners, or employers are accountable for your injuries. They would then file a Florida premises liability suit against the liable party.
If you were injured due to faulty equipment or a ride that wasn’t properly labeled, manufactured, or designed, then you may have a valid product liability claim. Regardless of who is responsible, a Florida personal injury lawyer is needed to help you get reimbursement for damages.
What Types of Damages Can You Sue For in Florida?
There are damages you can recover in the wake of an injury through a personal injury or premises liability lawsuit. These include:
- Medical treatment
- Physical therapy
- Lost wages
- Pain and suffering
- Scars or disfigurement
- Surgery
- Emotional harm
- Loss of consortium
Punitive damages can also be awarded in these cases. These are damages the court orders the party at fault to pay as a way to punish them and inspire them to fix the issues that cause your injuries. They basically serve as a way to prevent future wrongdoing.
Statute of Limitations
In the state of Florida, you only have a certain amount of time to take legal action against a theme park if you are injured. This is called a statute of limitations. In the state, personal injury claims must be filed within four years for the date of the accident. However, the sooner you bring your case, the better.
About the Author:
Andrew Winston is a partner at the personal injury law firm of Winston Law. For over 20 years, he has successfully represented countless people in all kinds of personal injury cases, with a particular focus on child injury, legal malpractice, and premises liability. He has been recognized for excellence in the representation of injured clients by admission to the Million Dollar Advocates Forum, and named one of America’s Top 100 High-Stakes Litigators. Mr. Winston is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys a 10.0 rating by AVVO as a Top Personal Injury Attorney, has been selected as a Florida “SuperLawyer” from 2011-2021 – an honor reserved for the top 5% of lawyers in the state – was voted to Florida Trend’s ”Legal Elite,” recognized by Expertise as one of the 20 Best Fort Lauderdale personal injury attorneys, named one of the Top 100 Lawyers in the Miami area for 2015-2021, and one of the Top 100 Lawyers in Florida for 2015-2017 and 2019-2021.
