Magical Midway Thrill Park in Orlando was not so magical for an 11-year-old girl who suffered severe slashes to her leg and a possible broken arm following a go-kart collision. The incident occurred in April 2012 causing the ride’s track to move out of position. The girl was evacuated to Arnold Palmer Hospital for treatment. An adult male who was also on the ride when his car crashed was rushed to Dr. Phillips Hospital complaining of chest pains.
Fortunately, accidents at amusement parks are not everyday occurrences. In most cases, amusement parks are fairly safe and patrons can enjoy a reasonable assumption of safety provided they follow staff instructions. However, most amusement parks require as a condition of admission — you agree that there is a certain element of risk involved in using the rides. These implied contracts, which are often printed on the back of your ticket, are designed to indemnify the park against lawsuits resulting from injuries that may occur from malfunctioning rides.
Florida courts subscribe to a legal doctrine known as contributory negligence. This means that even if amusement parks require that you indemnify them against accidents that may occur on their premises, they can be held liable if it can be shown that they were partially or fully responsible for your accident. However, if the accident was entirely your fault, the park can make the claim that under this legal doctrine, you are responsible for your own negligence.
Speaking to a qualified personal injury attorney following any accident at an amusement park here in Florida is a good idea. It is very possible that you would be entitled to recover monetary damages from the park operators as a result of the accident. Your attorney can help you to decide whether or not you have a solid case to be made against the park.