Amusement park injuries can take a significant mental, physical, and emotional toll. Filing an amusement park lawsuit with the professional assistance of a highly skilled personal injury attorney will increase your chances to get the compensation you deserve.
Common causes of amusement park injuries in Florida
- Inadequate design of the ride.
- Construction flaws during the construction of the ride or when the construction company, employees, or inspectors failed to follow the design schematics.
- Mechanical failure issues, such as lap bar secure issues, conveyor belt failures, structural component failures, or detachments (failure of the coupling mechanisms).
- Operational failures such as brake failures, or too many people loaded on.
- Employees or workers fail to pay attention during the loading or unloading, or when the employee handling the ride decides to suddenly stop the ride and the employee fails to secure the rider.
- Passenger, rider, or visitor failures.
- Health issues of the passengers.
- Nature Itself. For instance, in some cases, bad things just happen, and the rides become dangerous as sometimes things go wrong with no fault of the ride operators, designer, or passenger.
If you have also gone through such a situation, you are eligible to file a lawsuit against the amusement park to recover your losses.
Common amusement park accidents and injuries
In most cases, your body is whipped around in the same way a body is thrown around in case of a vehicle accident. The most common injuries in amusement parks involve:
- Brain aneurysms from fast and sudden rides such as roller coasters.
- Slips, Trips, and falls from uneven walking paths and stairs. It is particularly true at festivals and fairs where the rides and entertainment are placed in open fields and on temporary site locations.
- Broken bones, sprains, torn ligaments, etc.
- Cuts, scrapes, and lacerations from broken pieces of equipment or poorly set up buildings, rides, and more.
- Neck, head, and back injuries from bumper cars and roller coasters.
- Stroke to the spine and spine due to trauma.
- Traumatic brain injury from the force of the rides or rapid increases and decreases of speed and sudden stops.
- Death due to unsecured or faulty equipment.
Injuries that occurred at the amusement park need to be reported immediately, and individuals should seek immediate medical attention. It will improve your chances to win the maximum amusement park settlement amount.
The rules and regulations of amusement parks in Florida
Before filing an amusement park lawsuit in Florida, you must be aware of these points:
- A federal agency does not control the rides at amusement parks. Fixed-site amusement parks like Disney are supervised by their respective state government. As a result, the east coast and west coast operations may have distinct laws per park. Six Flags that operate in numerous states are also subject to various regulations per park.
- However, the CPSC (Consumer Product Safety Commission) is in charge of managing mobile amusement parks, or those that move from state to state. Since the early 1980s, there has been a disagreement between some MPs and business owners over the lack of regulation. Furthermore, it is highly doubtful that the visitors will receive any additional protection from the government against park owners who are negligent in providing complete protection to the visitors.
- In such cases, you should start your hunt for the best amusement park attorney in Florida that can fight your case for you. The skilled and experienced attorney will provide you with proven strategies along with the latest updates to increase your chances of winning an amusement park lawsuit in 2022.
Steps to file your amusement park lawsuit
Depending on the kind of injury you have at an amusement park, there are several settlement procedures to file your amusement park accident lawsuit. For example, you may have a slip and fall case, a product liability case, or a premises liability case. Nevertheless, you must adhere to the settlement procedure for amusement park accidents regardless of the kind of personal injury lawsuit you have to file to increase your chances of getting fair compensation.
- Seek immediate medical assistance: The first stage in the compensation process for amusement park injuries is to seek emergency medical attention. Even if you believe your injuries are minimal, you must get medical attention to receive special compensatory damages. If you delay seeking medical treatment, an insurance adjuster and/or a court hearing a civil action may find that your injuries were minor.
- Hire a personal injury lawyer: You can file a strong insurance claim and a successful civil action with the assistance of a personal injury lawyer. Your attorney keeps track of the development of your insurance claim and serves as your representative when it’s time to negotiate a settlement. Working with a personal injury lawyer is essential for winning your amusement park ride accident lawsuit against an amusement park and receiving the compensation you are entitled to.
- Send a demand letter: Before bringing an amusement park lawsuit payout, you might be able to settle a personal injury claim. In order to obtain payment for your injuries, your attorney will deliver a demand letter to the opposing party’s legal representatives.
The demand letter is not sent by a knowledgeable personal injury attorney until you have made the kind of medical advancement known as Maximum Medical Improvement (MMI). When you are at MMI, you are no longer in need of medical attention. At this point, your attorney will be able to calculate a reasonable figure for all your monetary damages.
- File a personal injury lawsuit: When your personal injury lawyer files a civil complaint or amusement park lawsuit, the litigation begins. Every state has set a deadline to submit a civil action as well as an insurance claim. Although the procedures are different in each state, it normally takes a personal injury case between one and two years to reach the trial stage of the legal process.
- Discovery phase: One of the most crucial phases of litigation in personal injury claims is discovery. Each side examines the supporting documentation and interviews witnesses in depositions. The purpose of discovery is to give the attorney for each party sufficient knowledge to assess whether they have a good probability of succeeding at trial. Consequently, to avoid expensive and time-consuming civil litigation, two parties frequently opt to negotiate a settlement after conducting discovery.
- Trial: The next stage is to take your amusement park injury lawsuit to trial if mediation doesn’t result in a resolution of your case. Depending on how difficult your case is, a personal injury trial could run anywhere from one day to several months. Since many states only allow personal injury lawsuits to go for a half-day, you might also have a trial that lasts a fair amount of time. Although this method lengthens a trial by two times, it frees judges and attorneys to handle other legal matters during the rest of the day.
Consult The Reyes Firm today
Personal injury lawyers from The Reyes Firm are located throughout the country. We will pair you up with a skilled and highly experienced amusement park lawyer in Florida that focuses on cases similar to yours involving accidents at amusement parks.