Getting into an accident is the last thing you want to happen after boarding a roller coaster. You trust that the lap bar will hold or the track will stay intact, but they suddenly snap at the start of the ride.
If you or a loved one are hurt, park corporations will almost immediately try to pass the buck. They often point fingers at the ride’s manufacturer to avoid taking financial responsibility. Understanding how Florida law views these accidents is key to fighting back.
Parties that can be responsible for the incident
When a ride part fails, it triggers two very different legal paths:
- Product liability: This targets the manufacturer for building a defective part.
- Premises liability: This targets the park itself for failing to maintain a safe environment.
Even if a part has a design flaw, the park cannot simply wash its hands of your injuries. Under Florida law, theme parks have a strict duty of care to keep you safe from foreseeable harm. The law mandates park owners to thoroughly inspect and test ride restraints, brakes and structural integrity every day before opening. Skipping these steps can mean they committed negligence.
What your injury claim should prove
In a premises liability claim, you must show that the park had actual or constructive knowledge of the danger. This means proving they either knew about the wear and tear or should have known if they were conducting proper daily maintenance.
To refute your claim, corporate legal teams may shift the blame to manufacturers. They can claim that a hidden manufacturing defect exists but was impossible for park staff to notice.
Building your claim with legal assistance
In Florida, you generally have two years from the date of the accident to file a claim. However, doing so can be impossible due to the pain brought by your injuries. Seeking legal counsel is wise to gain guidance on navigating Florida’s personal injury laws.