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Florida is known for its theme parks. In 2019, the last full year before the pandemic, 87.5 million people visited the state’s eight largest amusement parks. This total does not include the countless people who enjoy the rides at local carnivals. The unfortunate downside to these millions of theme park visits is that a number of guests will suffer injuries on rides or at the parks. When that happens, they may file a lawsuit against the amusement park owner or the carnival operator.

Amusement park and carnival lawsuits fall under the category of premises liability law. This is a type of personal injury lawsuit that seeks to hold property owners, those who control properties, and others who they allege are legally responsible financially liable when people are hurt on their premises. However, the mere fact that an accident happened is not proof of liability. If a plaintiff wants to obtain financial compensation for their injuries from a defendant, they need to prove facts that show the defendant caused those injuries.

Common Amusement Park and Ride Injuries

Every year, thousands of people are injured in amusement parks, state fairs, and carnivals. In 2016, CNN reported there were over 1,500 people injured on rides. These make up a small percentage of total injuries at amusement parks. Overall, the Consumer Products Safety Commission reports that approximately 30,000 people annually are hurt at these parks. Common theme park injuries include:

• Slip and falls
• Electrocution
• Crush injuries
• Physical or sexual assault
• Burns
• Traumatic brain injuries
• Spinal cord injuries

Amusement Park Owners Must Follow Strict Safety Requirements

Even though the odds of being hurt in an amusement park accident are low, there are still many things that can go wrong. Given the risks, amusement park owners and ride operators follow a strict set of safety protocols to protect patrons. They rigorously inspect their rides and train the operators. To protect patrons, they will shut down a ride if it is not absolutely safe.

In some cases, accidents do happen, and there is nobody to blame for it; however, there may be some circumstances in which amusement park owners could be made to pay for injuries, including:

• Failing to remedy a dangerous condition within a reasonable time after they learned or should have learned about it
• Failing to provide adequate security for patrons
• Not performing proper maintenance on their rides
• Keeping rides open in the face of known safety problems
• Failing to warn patrons with health conditions that they should not go on certain rides

However, these are rare occurrences as amusement park owners are well aware of the risks of a potential lawsuit and tend to act proactively to avoid it.

Not Every Amusement Park Accident Is the Result of Negligence

Florida’s theme parks are big businesses that have been serving guests for decades. They have streamlined and focused operations, and they have strong safety records. Defending amusement park claims depends entirely on the facts of the case. The plaintiff must show the amusement park and/or ride operator was negligent in order to recover financially for their injuries.

An amusement park owner is not an absolute guarantor of the safety of every patron. Instead, they have a legal duty to act reasonably under the circumstances. In some cases, even though an accident happens, the park owner or ride operator will have done nothing wrong legally.

That said, an amusement park owner or carnival operator should know the standard liability disclaimer on a ticket is unlikely to absolve them of liability. Courts are hesitant to uphold that language. Further, when the person holding the ticket is a child, a court can view that contract as unenforceable.

Customers May Cause Their Own Injuries

Oftentimes, patrons themselves may be to blame for an accident. They may have been running through the park when they slipped and fell. Or, they may not have followed the rules of a ride when they were hurt by it. Every year, there are stories of injured park patrons who were drunk or reckless on a ride and got hurt because of it. Some people try to take out their phone while the ride is operating to get the perfect selfie—and end up injured. Others may know that a ride can aggravate a back or heart condition, yet they climb aboard it anyway.

Before settling a claim, a ride operator should review a patron’s conduct to determine whether there is a defense. Oftentimes, amusement parks have security camera footage that shows what a patron was doing when they were hurt; however, a defendant must weigh the risks and costs of defending a claim, especially when dealing with a seriously injured child. In addition, a defendant must also consider what could happen if the case reaches a jury.

Who Is Responsible for the Injury?

If a patron was injured on a ride, there will likely be a dispute about who exactly was legally responsible for the injury. As multiple parties can potentially be legally accountable, an enterprising plaintiff’s lawyer may sue every single possible party they can find in order to maximize compensation for their client, and thus themselves due to contingent fee compensation. It will be left up to the judge or jury to apportion responsibility for the injury should they decide to hold more than one party, if any, responsible. In addition, if an amusement park operator is sued and its insurance company settles the claim, it may seek payment from the ride operator via subrogation.