Florida Amusement & Water Park Accident Lawyer: Sean M. Cleary
How Can We Help After an Amusement or Water Park Injury?
With experience in litigating a wide variety of theme park cases, we are dedicated to providing aggressive legal representation for our clients.
Sean M. Cleary
Although amusement park accidents are few and far between when compared to common auto accidents, the US Consumer Product Safety Commission estimated that there are over five related deaths per year due to rides in theme parks and water parks across US. Another study revealed that over a period of only 20 years, over 93k children, teens, and adults received emergency room treatment for injuries caused by theme park rides, water slides, roller coasters and some were fatal injuries. Over 600 million people each year in Florida alone visit popular theme park attractions and water parks.
Common injuries resulting from rides in amusement parks in Florida
Many have been seriously injured or were killed due to accidents at theme parks in Florida over the years. Anyone can get injured if a given park fails to take safety precautions. Injuries that can happen at theme parks include:
These injuries can limit physical capabilities, cause severe ongoing emotional distress, and necessitate costly and unpleasant medical treatment. Some victims may require constant care and supervision and lose their jobs hence income for their family. Sean Cleary, our product liability lawyer based in Miami, Florida, will help evaluate your case and determine eligibility for compensation.
Families from all across the United States and around the globe spend their vacation enjoying the activities at our amusement & water parks in Florida. Unfortunately, some of the visitors are left with severe injuries from these theme parks. After injured in a theme park in Florida, few know where to turn for help. At The Law Offices of Sean M. Cleary, we can help you, even if you're coming from outside of the U.S. After injured in a theme or water park in Florida, you may receive compensation to help pay for your medical bills, recover lost wages, recover from the pain and trauma you suffered. We have years of experience in international accident law and know how to seek fair compensation for you and your family in case of an amusement park accident occurring in Florida.
Amusement park corporations like Walt Disney Parks and Resorts Worldwide, Inc., Universal Parks & Resorts, Six Flags Entertainment Corporation, Cedar Fair Entertainment Company, SeaWorld Parks & Entertainment, Herschend Family Entertainment Corporation, have attorneys who fight aggressively and you will need an experienced attorney on your side as well. We already know the legalities, policies, and regulations at theme parks and we can protect your rights and ensure a fair settlement for you and your family.
Accidents can happen at any festival, fair or theme park across our Florida state, just be prepared and get your case evaluated so that you get help from an experienced attorney before your statute of limitation expires. Statute of limitation in Florida, for filing a claim for themed park accident victims or family members is four years from the date the incident occurred.
Click on a pulsating dot on the map to see amusement & water parks, zoos & aquariums.
Many accidents take place at small local events, at county fairs, festivals or carnivals throughout the Florida State. These attractions can be highly dangerous because safety measurements for such small-scale events are not as strict as they are for large and permanent theme parks. Rides and stations are set up and taken down repeatedly and transported across the state every few days. Sometimes the storage process of these rides can be inadequate. These rides are overused and outdated and usually not maintained properly. It is not uncommon for these rides to be improperly setup, which can make them a full on danger zone for paying customers.
Amusement & water park negligence: Who is responsible?
Guest safety in a theme park setting should always come first and be at the top of the establishment’s list of priorities. Unfortunately, this is not always the case, and when careless actions or efforts are carried out by owners or employees, people do get hurt. Common negligence leading to accidents and injuries include:
Poorly maintained rides or buildings
Ride operators under the influence of drugs or alcohol
Defects in rides
Slippery surface areas
Equipment or other articles that obstruct walkways
Dimly lit areas like parking lots where assaults can take place
Unlocked doors or gates that can permit access to dangerous areas
Amusement and water park injuries are caused by:
Inherent nature of the ride
Missing safety equipment
Florida has theme parks that are world famous, required to have routine safety inspections and highly trained employees operating the rides. However, even if safety precautions are performed regularly, accidents still happen. Injuries at theme parks can be deadly due to extreme heights and momentous speeds reached within seconds flat.
Responsibility for amusement park injury cases may fall under premises liability, product liability, or both. Depending on the circumstances, the legal responsibility for the injuries at an amusement or water park could be attributed to:
The amusement park owner
The ride operator
A concession stand owner
The ride designer or manufacturer
Most of the amusement or water park injury cases are settled out of court because the owners try to conceal them from the public's audience. Amusement parks call for extra care from the equipment manufacturers, owners or operators when it comes to ensuring the safety of visitors and minimizing any risk of injury and drowning. Product liability cases are not based on negligence, but strict liability and they address accidents caused by:
Unreasonably dangerous design
Description of the product (insufficiently marked for danger)
If any of these issues caused injuries to a visitor, he or she might file a claim. Defective product claims have to prove a direct connection between the defective component of the ride and the injuries caused.
Amusement, water parks, and carnivals function based on outsourced workers who maintain the grounds and operate the rides. Such jobs include:
Ride and game operators
All the contracted workers are susceptible to injuries while performing their job. Most of the times park employees don't have the regular compensation coverage as regular employees would. In case of an accident, park workers may be eligible to file a lawsuit. Zoo, Safari park and animal park employees are also at high risk of injuries. Animals are unpredictable and can suddenly harm their caregivers or groundskeepers (for example in 2012, a trainer died after an orca whale dragged her under the water).
Owners are responsible for a safe work environment, meaning ensuring that:
Employees and outsourced workers are properly trained to operate the rides
The appropriate security controls and measures are in place
Machines and other equipment are properly functional
If you worked in an amusement park, water park, theme park, fair or a festival and got injured call us to see if you have a case. Also, family members of an employee that was killed at a theme park may seek financial compensation through legal recourse.
How we help after injured in an amusement or water park accident?
Amusement or theme parks, county fairs, and water parks have always been major attraction points for children and adults of all ages. Frequented by a large number of people, these parks include roller coasters, train rides, water rides, Ferris wheels, etc. Serious injuries and even death are consistently reported to local authorities.
At The Law Offices of Sean M. Cleary, a Miami based law firm, we have experts that can analyze amusement or water park accidents, letting you or your family know if you have a case. Starting with the initial investigation of the circumstances where the incident occurred and continuing our communication with the witnesses, we do our best to conduct a complete investigation to find out who is at fault.
We know from our vast experience in dealing with such cases that the employees may act with negligence and not provide the necessary safety measures for visitors. Other times, the rides can have certain unnoticed defects due to negligent design or maintenance. We have a strong network of experts in structural engineering who can thoroughly analyze and determine the cause of these accidents. In Florida, the time frame (statute of limitations) for filing a lawsuit in an amusement park accident is four years from the date the incident occurred. Contact our experienced attorney immediately to seek legal help, at no cost or obligation.
What Legal Claims Can I Bring for an Amusement Park Injury? »
The legal claims associated with Amusement Park Injuries are negligence, product liability, and premises liability. In amusement park cases, the owner of the establishment owes a duty to protect the park's guests from dangers, therefore, in the case of an injury, he can be held responsible. In order to prove liability in an amusement park injury case, one must prove the following: the duty owed, the breach of duty, that the breach of duty was the cause of the accident, and that the accident led to the injury.
How Much Do Amusement Park Injury Lawyers Charge? »
Due to the fact that amusement park injury cases are usually handled by personal injury lawyers, you should be charged on a contingency fee basis. Meaning that it doesn’t cost you anything for you to hire an attorney to help you with the case, as he will be paid only if the case is won when he will be reimbursed for his expenses out of the recovery you are awarded.
Personal injury claims relating to amusement park injuries may be complicated because they involve different areas of tort law. They can involve premises defects, product defects, and general tort law. Regarding potential expert witnesses required to prove the claim, it may be necessary to retain the service of a design engineer to establish what caused the accident.