2021 Amusement Park Injury Report Released
Tourism is one of Florida’s most profitable injuries, and even during the COVID-19 pandemic, patrons continued to flock to Florida’s amusement parks, including Tampa’s own Busch Gardens. However, this also meant that injuries continued to occur at the parks at a fairly regular clip. All theme parks are required by state law to self-report the most serious injuries that occur on their premises, but this does not mean that every reported injury will be eligible for compensation. If you can establish that you were injured at a theme park, and that your injuries stemmed from the negligence of park staff, then you may be able to recover for the bills you have incurred.
Negligence Must Be Established
There are multiple different ways that an injury might occur at an amusement park, from minor slip-and-fall accidents to roller coaster breakdowns. There is simply so much going on at most amusement parks that despite staff working hard to ensure a safe and enjoyable experience for patrons, the odds of meeting with an accident may be higher than they would be in a less busy place. The odds for illness or injury may be even higher for older people – if one examines the injury report for the first quarter of 2021, over half the reported injuries occurred in people over the age of 65, while one-quarter of the reported injuries in 2020 were in the same age group.
It is important to keep in mind that not every accident that can happen will be due to another person’s negligence, which means that not every accident will be compensable. For example, if someone is injured due to acting recklessly while on a ride after being warned of the consequences, they only have themselves to blame for any injuries that may result. However, accidents that can be ascribed to ride operator error, poorly maintained grounds, or a lack of care over food and drink – anything that can be laid at the park’s proverbial door – may be compensable either by insurance or by filing suit against the park.
Should I File Suit?
If you do decide to file suit for the damages you have suffered, you must establish four criteria in order to recover. You must show that the park had a duty to exercise reasonable care for your person (which is established if you can prove that you were a business invitee), and that the park breached that duty by its actions (or failure to act) in your specific situation. You must also establish that you suffered tangible harm – more severe than mere cuts and bruises, or a momentary shock – and that there was no other intervening cause that might have led to your being injured.
It may seem like a losing proposition to try and file suit against any of the large corporations that own the major theme parks in Florida. However, the law may be on your side. Theme parks have obligations under state law to make their premises as safe as possible for their patrons – park patrons are classified as business invitees under state premises liability law, which means that the park must keep its property “reasonably safe” and protect visitors from any dangers they are (or should be) aware of. Failure to do so can lead to liability.
Call A Tampa Amusement Park Injury Attorney
More and more people are coming to Florida’s theme parks, especially as restrictions on travel and large gatherings are eased. However, this does mean an increase in the potential for injury, so it is always a good idea to exercise caution. If you are injured at an amusement park due to the negligence of staff, contacting a Tampa personal injury attorney from the Rinaldo Law Group can help you determine the best path for you to follow once you are back on your feet. Call our offices today for a free consultation.
Resource:
fdacs.gov/content/download/81386/file/exempt-facilities-report-01152021.pdf
