Young injured boy lying on an ambulance stretcher - Personal injury attorney Todd C. Passman

Hidden Risks of Amusement Parks & Carnival Rides

Florida, home to world-famous attractions like Disney World and Universal Studios, is also the host to countless county fairs and traveling carnivals. In 2022, Disney World welcomed over 17 million visitors. Hundreds of amusement ride accidents happen in Florida yearly. Most result in nothing more serious than a bruise and a story to tell; some end in much more severe injuries. Behind the colorful facades and cheerful music, these parks can pose real dangers to visitors. Were you injured at an amusement park or carnival recently? Personal injury attorney Todd Passman has handled many premises liability-related injury cases.

How Do These Accidents and Injuries Happen?

Accidents can happen in many ways, from falls and struck-by incidents to operator negligence and the rare but headline-grabbing mechanical failures. Before you hop on that dizzying spinning ride, take a moment to observe. Does the ride look well-maintained? Are the operators paying attention? Do you see any posted safety rules? When it’s your turn to ride, listen carefully to all instructions. Those safety harnesses aren’t just for show – make sure yours is secure. And if something doesn’t feel right, trust your gut, and skip the ride.

You Are Injured at a Park or Carnival

What if you find yourself injured despite your best efforts? You can’t prepare for every disaster, but there are steps you can take to take care of yourself and preserve your legal rights, if necessary. First, get medical attention, even if you think you’re fine. Adrenaline can mask pain, and some injuries, like concussions, aren’t always immediately apparent. Plus, those medical records could be crucial later if you need to file a claim.

Make a Report

Next, report the incident to park staff or carnival operators. Insist on filing an official report – it’s your right and creates an essential record of what happened. If you encounter resistance, don’t hesitate to involve local law enforcement. In today’s digital age, your smartphone can be your best ally. Take photos of your injuries, the ride or area where the accident occurred, and any visible safety hazards. If there were witnesses, get their contact information. These details could be invaluable if you need to pursue legal action later.

Time Limits to Pursue an Injury Case

Florida law requires park operators to ensure the safety of their rides, but proving they failed in this duty isn’t always straightforward. You generally have two years from the accident date to file a personal injury lawsuit in Florida. But don’t wait – evidence can disappear quickly, and memories fade.

Comparative Negligence

Florida operates under a “modified comparative negligence” system in personal injury cases. This means that if you file a personal injury claim and it’s determined that you were partially at fault due to carelessness or negligence, any compensation you receive for your injuries will be reduced proportionally. For instance, if a jury finds your actions contributed 10% to the accident, your compensation will be reduced by 10%. However, an injured party can only recover damages from an at-fault party as long as they are 50% or less responsible for their injuries. If they are found to be more than 50% at fault, they are barred from recovering any damages.

Navigating comparative negligence can be complex, but as an experienced Florida personal injury law firm, we’re here to clarify how it applies to your situation. Our role is to meticulously gather and analyze evidence to mitigate any claims of comparative negligence against you.

Determining Liability

Owners/operators of amusement parks and traveling carnivals have a duty of care to the public to protect them from dangerous conditions and defects, including hazards from activities conducted or things kept on the property. When you buy a ticket, there is an implied representation that the owner/operator has taken reasonable care to ensure the property conditions and the rides are safe for your enjoyment. The owner/operator must regularly inspect the property and ensure there are no dangerous conditions or defects that may cause injury to anyone visiting the park.

Many personal injury lawyers will not accept premises liability cases because they are very difficult to prove at trial. Because of this, insurance companies often will not negotiate reasonable settlements and will force the cases to a jury trial. An experienced premises liability injury attorney must always prepare a case for trial to achieve the best possible result for the client. Todd Passman has handled multiple difficult and complex premises liability cases.

Your injury may be minor, major, or catastrophic, but we give all our cases the undivided attention they deserve. The Law Office of Todd C. Passman handles premises liability cases in Florida and Georgia.

Tell Us What Happened. We Can Help.

If you, a family member, or a friend have suffered a personal injury at an amusement park or carnival or have questions, don’t hesitate to contact Todd C. Passman today at (772) 465-9806 or fill out the contact form on this page. Someone from our office will contact you right away.