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When the family vacation didn’t go as planned
Florida is well-known for its theme parks like Disney World, Universal, SeaWorld, Busch Gardens and Legoland. These attractions bring millions of tourists to the state every year and are meant to be a source of fun, entertainment, and adventure for all ages. Unfortunately, conditions at many theme parks can be unsafe, resulting in thousands of injuries reported each year. These injuries can be due to the humongous crowds that are generated by the attractions as well as the rides themselves or from the carelessness or negligence of the theme park staff.
Most recently, Universal Orlando’s Volcano Bay has come under fire due to injuries sustained by park visitors on its water slide attractions. Since the water park opened four years ago, 73 injury claims have been filed against Volcano Bay.
Internal injury reports published by the Orlando Sentinel, showed that the park was well aware of the dangers on many of their rides, but were allowed to remain fully operational.
Injuries sustained on theme park rides can be caused by a number of issues. Many injuries result from operator error. Theme park workers are often overworked or untrained, and parks can also be understaffed, meaning there are not enough staff members to properly maintain and supervised park rides. Theme park rides also need to be continually maintained and tested to ensure they are working properly. If a mechanical error occurs due to a defective or poorly maintained ride, injuries can result.
The rides are not the only thing in the park that need constant maintenance. The very grounds of the theme parks also need to be cleaned and kept free from debris or slippery surfaces to avoid slip and falls. These areas include eating areas, the rides, bathrooms, and other locations throughout the park. While not all hazards can be detected immediately, if park staff are routinely cleaning the common areas, they should be found relatively quickly and remedied before someone is hurt.
If someone is injured while at a theme park, the first step is to get that person medical care. Be sure to document the type of care that is received. Even if a hospital visit does not seem necessary, it is often best to be checked out first in the event symptoms show up later. Be sure to report the injury to park management, and, if possible, take pictures of the conditions at the scene of the accident.
The amusement park staff will likely need to prepare a report regarding the incident, and the client should always request a copy of the incident report, as well. If any video exists of the incident, request that, as well, should it be needed for a future claim.
Determining liability in a theme park accident can be tricky. Ultimately it depends on the situation and what caused the accident. Normally, the property owner is the party responsible for any accidents on their property, including conditions that lead to slip or trips and falls.
However, if the park goer is injured on a ride, he or she may have a claim against the manufacturer of the ride, especially if a defective product led to the ride malfunctioning. Occasionally, it could be a combination of both parties who are responsible for the accident. Florida operates under the principle of comparative fault, where fault can be divided up between the parties involved, including the injured victim, if it is found that he or she was partially responsible for his or her injuries.
Theme parks may be eager to try to settle the issue once an accident is reported. However, it is important to seek the full amount of compensation needed to pay for your damages and injuries.
Physical injuries often do not manifest for months after the accident occurs, which is why there should be no rush to settle as soon as possible. Damages include compensation for medical bills, lost wages, pain and suffering, emotional distress, loss of enjoyment of life, and others. An experienced them park accident attorney at Delgado Trial Attorneys can help you prepare the case needed to meet all of these needs, including compensation for current damages and future medical and financial needs.
At Delgado Trial Attorneys, we have substantial experience in a wide range of personal injury cases. We have represented accident victims and their families in claims against Florida theme parks for decades. We have spent more than a half century fighting for the rights of the injured in every type of accident imaginable. When you hire Delgado Trial Attorneys, we guarantee to fight for your rights and your affected loved ones to the maximum extent allowed under the law, including the maximum amount of compensation you are entitled to by the at fault party(s). Call us today at (305) 596-7911 for a free consultation and speak with an experienced Miami theme park accident lawyer. Virtual sign-ups available.
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