For all of the sensational headlines about thrill ride accidents, the most frequent type of accident at large theme parks is the simple slip and fall. A Florida newspaper recently did an investigation into the major theme and amusement parks in that state, and found that almost half the lawsuits filed were for injuries from customers slipping or tripping. While theme parks like Disney World are not noted for their high-speed rides, there are still ample opportunities for injuries from all types of rides. However, the statistics show that just as many people are injured walking around the park as on a ride.
Premises Liability: The Basis For Most Theme Park Lawsuits
The slip and fall lawsuit is part of premises liability law, where property owners owe a duty to visitors to maintain a reasonably safe environment. This is especially true if there are unsafe conditions caused by poor maintenance, employee negligence or failure to warn guests of potential hazards. Of course, sometimes a guest fails to be careful or watch where they are going, and that is even more true at theme parks where there is so much to look at as well as large crowds.
Interestingly, almost 75% of the plaintiffs surveyed in Florida waited over a year to file their lawsuit. In some cases that is because they live in other states, or were attending to their medical needs before talking to a lawyer. This is usually a mistake, and if one is injured at an amusement park it is best to contact a lawyer right away to begin assessing the case and talking to insurers.
Theme Park Lawsuits Often Delayed
Delaying a lawsuit for any reason can work against the plaintiff, as it becomes more difficult to investigate, memories start to dim, and the legal claim begins to look more like an afterthought than a valid claim for damages. Not all slip and fall cases succeed, and it may be more difficult to secure a settlement than for a more dramatic accident involving one of the rides. Injuries sustained on a roller coaster are rarely the sole fault of the rider, and there is almost always some type of problem with ride maintenance or employee actions.
The other characteristic of theme park lawsuits is that most settlements are kept secret as part of the arrangement. In this way, potential plaintiffs and their lawyers have no way of knowing the settlement policy or amounts offered previously. The parks obviously expect some level of legal activity given the number of people that visit each year, and have a strategy in place for vetting and settling certain types of cases. Even if they don’t settle, it may be years before a case reaches trial, further complicating the injured party’s claim and offering no relief for medical bills or lost wages from their injuries. Anyone injured in a theme or amusement park should contact a lawyer today, and not delay the potential payment of a claim.