What to Do After an Accident at a Theme Park in Orlando
Accident at a Theme Park in Orlando
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Accident at a Theme Park in Orlando
When people think of Orlando, Florida, there is an immediate association with the numerous one-of-a-kind amusement parks and tourist attractions. But after all the trip planning and hefty expenses, the last thing visitors want is to suffer a severe accident while at one of the theme parks. We know how difficult and traumatizing this can be, and we want to help.
If you or a loved one have suffered an injury at a theme park in Orlando by no fault of your own, you may be entitled to compensation. You can get a free, no-risk case evaluation to see your options and to get started moving on with your life.
At Morgan & Morgan, our only goal is to help you get the justice and compensation that you’re entitled to. We have recovered more than $15 billion dollars for our clients over the years. Our attorneys practice all throughout the country, so if you’ve suffered an accident at a theme park in Orlando, don’t hesitate to reach out to us. We offer free case evaluations and will get you connected with an experienced attorney in the Orlando area.
Types of Accidents You Might Suffer at a Theme Park in Orlando
It’s essential to learn as much as possible about what kinds of accidents can occur and what you can do if you or a loved one becomes the victim of one. The more knowledge you have, the better.
Slip And Fall
If you are in an amusement park in Orlando and you slip and fall because of the park’s negligence, they may be required to compensate you. Amusement parks know that they are going to have thousands of visitors every day, so it is their duty to make sure there are no-slip and fall risks throughout the park. If they fail to do this, even if you are partially at fault, they may be held responsible.
Failure to Post Proper Warning Signs
Another responsibility of amusement parks is to post proper warning signs. Almost all amusement park rides have risks that go along with riding them. Every guest must have the appropriate information so they can decide whether to ride it or not. If there’s no sign, there’s no way for you to make an informed decision. If you get hurt as a result of this, they likely bear a significant portion of responsibility.
Posting Signs That Don’t Adequately Warn Guests
It’s also important to post signs that actually provide enough information. If a ride is dangerous because it might cause strokes or heart attacks in specific populations of people, these are critical details to add. Saying that it’s dangerous or may cause health issues for some people is probably not enough.
Failing to Properly Train Ride Operators
When an amusement park hires someone, it’s their reasonability to properly train all of their employees, especially those operating heavy and potentially deadly machinery. If a serious accident occurs because they failed to train the ride operators, this is incredibly problematic. You may not know right away that this is the cause of the accident, but when you hire a qualified personal injury attorney, they’ll be able to dig a little bit and hopefully get to the bottom of why the accident occurred.
Failing to Properly/Regularly Inspect Rides
Another incredibly important thing that amusement parks must do is inspect rides appropriately and often. If an accident occurs because an issue was not detected because the inspection wasn’t done, this is unacceptable. When you get on an amusement park ride, you’re literally putting your life in the hands of someone else. You assume that the ride has been inspected appropriately. If it hasn’t, you should be compensated for your injuries.
What to Do After an Accident at a Theme Park in Orlando
If you’ve suffered an injury at a theme park in Orlando, there are a few important steps to take right away.
- Safety & Medical Attention. The first thing you should do is make sure you are safe. Once you’ve suffered the injury, you should see a doctor immediately to make sure there’s nothing going on that you aren’t aware of. It’s understandable to worry about the costs of going to the ER or a doctor, especially if you’re visiting from out of town. Still, it’s so important to make sure your health is taken care of and to try to worry about the rest later.
- Witnesses. If there are witnesses, it’s important that you or a family member take the time to get their contact information. It’s definitely going to be a stressful time if you’ve experienced a severe injury, but the more evidence you can collect, the better.
- Incident Report. It’s a good idea to speak with someone in the amusement park and have an incident report created. You want a paper trail detailing precisely what happened.
- Lawyer. Contact an attorney immediately. They can help you with every step of the process. They’ll walk you through what kind of evidence you need to obtain, and they’ll help you do it. All reputable personal injury attorneys offer free case consultations, which you should definitely take advantage of. This is a great way to see if the lawyer or firm you’re about to hire is a good fit for you and your case.
- Take Photos. When you initiate a personal injury claim, the injuries you’ve suffered will be one of the most critical aspects of the case. You should immediately take photos of any injuries you have so you can show the judge or the jury exactly what happened to you. Of course, some injuries aren’t physically manifested right away, but if you have physical injuries, document them.
- Take Notes. Any kind of injury can be really traumatic. When you experience something like this, it’s easy to forget the details. You will be dealing with medical care, speaking to lawyers, and just mentally and physically healing from your experience. With everything going on, the best way to remember exactly what happened is to write it down. Take notes about what you’re feeling and experiencing so you can explain everything to your attorney and in court if/when necessary.
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What if It Was Partially My Fault?
If you’ve suffered an injury as a result of an accident in a theme park in Orlando, you might be entitled to compensation. If you were partially to blame—for example, you didn’t put on your seatbelt despite being told to do so by the ride operator—and get hurt as a result, you may still be entitled to compensation.
Florida is governed by pure comparative negligence. This means that any compensation you’re entitled to will be reduced by the percentage that you are found to be responsible for. For example, you tried to put your belt on but didn’t fasten it properly, in part because of something you did, but in part because it was broken and no one ever noticed or reported it. In this case, both parties might be at fault, and your compensation would be reduced accordingly. If you are awarded $100,000, and the court determines that you were 25 percent at fault, your award will be reduced by 25 percent. You are then entitled to $75,000.
What Is the Statute of Limitations for This Type of Case?
If you’ve suffered an injury as a result of an accident at a theme park in Orlando, you must file your case by a specific deadline or you won’t be able to recover any compensation, even if you’d otherwise be entitled to. For personal injury cases in Florida, you generally must file your lawsuit within four years. In some circumstances, you may not be aware of the injury you suffered until later on. When this occurs, the window to file your case will be extended. Some types of cases have different deadlines, and the statute of limitations also changes depending on whether the victim is a minor. You should make sure you reach out to an attorney as soon as you realize you’ve suffered an injury. You don’t want to miss out on what you deserve because you missed a deadline.
The Amusement Park Tickets Say I Can’t Sue Them. Does This Mean I Have No Recourse?
No! It’s true that probably every single amusement park prints a legal disclaimer on their ticket stating that they are absolved of liability in the event that you suffer an injury while you’re there. However, if a theme park tries to use this as a defense, it often doesn’t work. Judges understand that almost no one reads the disclaimer on the back of the ticket. Additionally, many courts find that the language on the admissions ticket is so vague and all-inclusive that it’s just patently unreasonable. It’s also up for debate whether a minor can even legally enter into this type of agreement before entering the amusement park.
If you believe you have a valid lawsuit, contact an attorney right away. They will take a look at all of the evidence, including the back of the ticket, and let you know if you have a viable claim.
Do I Sue the Owner of the Theme Park or the Actual Employee? Someone Else?
This can be a complicated question to answer. Your best bet is always to hire an attorney who knows the ins and outs of theme park accident cases. In some instances, you might sue the park owner, the employees, or even the property owner, who might be different from the owner of the theme park. In other cases, you might actually sue a manufacturer who created a faulty piece for a ride. Or maybe you will file a lawsuit against all of these people. It just depends on the specifics of the case.
What Kind of Compensation Can I Get?
If your attorney wins or successfully settles your case, you may be entitled to several different types of damages, including the following:
- Hospital bills and other medical expenses
- Lost wages (future and past)
- Pain and suffering
- Property damage
- Emotional distress/pain and suffering
Morgan & Morgan Can Help
Morgan & Morgan has been helping people deal with personal injury cases for literally decades. If you’ve suffered an injury and believe a theme park in Orlando is responsible, don’t hesitate to contact us. We have attorneys in the Orlando area who will be more than happy to assist you. We have the resources and experience of a big firm but are personable like a small firm. You will always get a callback, and we will continue to update you on your case if we decide to take it on. And don’t forget, you don’t pay us anything until we win your case or successfully negotiate a settlement. Contact us today for a free case evaluation.