Michael Damaso / 11-14-2024 / Theme park accidents

Theme Park Food Poisoning: Legal Remedies for Affected Visitors

Mike Damaso Tom Dennis
Written By
Mike Damaso and Tom Dennis
Butch Wooten Orman Kimbrough
Peer Reviewed By
Butch Wooten and Orman Kimbrough
Updated: February 8, 2025

food standTheme parks are a popular destination for families and thrill-seekers, offering fun, excitement, and entertainment. However, for some visitors, their experience takes a turn for the worse when they suffer from food poisoning due to contaminated meals. While foodborne illnesses at theme parks may not be as common as other injuries, they can have serious consequences, including gastrointestinal distress, hospitalization, and long-term health issues. If you’ve experienced food poisoning after eating at a theme park, you may have a legal claim.

The lawyers of Wooten, Kimbrough, Damaso & Dennis will assess your unique situation and provide you with the best path forward if your food poisoning was attributable to improper food handling, cross-contamination, poorly trained staff, or other negligent actions on the part of the theme park.

 

5 Causes of Food and Beverage Poisoning Incidents at Theme Parks 

Food and beverage poisoning incidents can have a lasting financial and physical impact on lawful visitors to theme parks. Several factors contribute to these incidents, often linked to the handling, preparation, and storage of food. The following are some of the primary causes:

1. Improper Food Handling

One of the most frequent causes of foodborne illness at theme parks is improper food handling. This can occur at any stage of the food preparation process, from initial storage to serving. For instance, food that is not kept at the correct temperature can encourage the growth of harmful bacteria like Salmonella or E. coli. Additionally, food workers who fail to practice proper hygiene, such as washing their hands or using gloves, can transfer pathogens from one food item to another.

2. Cross-Contamination

Cross-contamination happens when bacteria or allergens are transferred from one food item to another, often through shared surfaces, utensils, or storage areas. For example, raw meat that is not separated from ready-to-eat foods can contaminate the latter, leading to food poisoning. In theme park settings, where large volumes of food are prepared and served in a limited time frame, the risk of cross-contamination is heightened if food safety procedures are not strictly followed.

3. Poorly Trained Staff

Many theme parks rely on seasonal or temporary workers, who may not be adequately trained in food safety. Staff members who lack knowledge of proper food safety practices can make mistakes, such as failing to store food at proper temperatures or improperly handling allergens, putting visitors at risk of food poisoning.

4. Faulty or Inadequate Food Equipment

The equipment used to prepare and serve food, such as refrigerators, grills, and fryers, must meet strict safety standards to prevent foodborne illness. If this equipment is malfunctioning or improperly maintained, it can lead to undercooking or improper food storage. For example, if a refrigerator fails to keep food at the required cold temperature, bacteria can proliferate, increasing the likelihood of foodborne illness.

5. Contaminated Water Sources

Water used in food preparation or cleaning must be free of contaminants. In theme parks, water can sometimes be overlooked as a potential source of contamination. Contaminated water may be used in food washing, ice making, or even in drinking fountains, leading to the spread of harmful pathogens.

 

What Legal Options Do You Have if You Suffered Severe Food Poisoning Injuries at a Theme Park? 

If you’ve suffered severe food poisoning injuries at a theme park, it’s important to understand your legal options. Foodborne illnesses can be devastating, leading to hospitalization, long recovery times, and significant pain and suffering. Theme parks, as businesses that serve food to the public, have a duty to ensure the safety of their food and beverages. When they fail to meet this responsibility, you may have grounds to seek compensation.

Product Liability Claims

If the food you consumed was contaminated, a product liability claim may be the appropriate legal route. This type of claim focuses on the negligence or failure of the theme park or food vendor to ensure their products were safe for consumption. It involves proving that the food you consumed was defective, causing your illness.

Negligence Claims

A negligence claim might be applicable if the theme park’s food safety practices were inadequate. This could involve improper food handling, failure to meet health regulations, or unsanitary conditions in food preparation areas. To win a negligence claim, you must demonstrate that the park failed in its duty to protect your health and that this failure directly caused your food poisoning.

Premises Liability Claims

In some cases, food poisoning injuries may be linked to the cleanliness and safety of the theme park’s premises. For example, if the theme park did not maintain safe and sanitary conditions in its dining areas or kitchens, you may have grounds for a premises liability claim. This claim would argue that unsafe or unsanitary conditions directly contributed to your illness.

Proving liability in food poisoning cases can be complex. You will need evidence to show that the theme park’s food was the source of your illness and that their negligence or improper food safety practices led to your injury. This may include medical records, food samples (if possible), witness testimonies, and expert opinions.

If you’ve experienced severe food poisoning at a theme park, consulting with a lawyer at Wooten, Kimbrough, Damaso & Dennis, specializing in personal injury and foodborne illness cases, is essential. We can help you navigate the legal process and determine the best course of action to secure compensation for your injuries.

 

Why Choose Wooten, Kimbrough, Damaso & Dennis for Your Food Poisoning Claim

If you’ve suffered severe food poisoning at a theme park, Wooten, Kimbrough, Damaso & Dennis can help you pursue the compensation you deserve. Our team has extensive experience handling foodborne illness cases and knows how to navigate the complex legal process involved. Whether through product liability, negligence, or premises liability, we will work diligently to gather evidence and build a strong case on your behalf.

We understand the physical, emotional, and financial toll that food poisoning can take. Our compassionate team is here to support you, ensuring your legal rights are protected while you focus on recovery. Contact us today at (407) 843-7060 or visit our contact form to discuss your case.

Team Wooten, Kimbrough, Damaso & Dennis

Legally Written and Reviewed by a Managing Partner

Wooten, Kimbrough, Damaso & Dennis

Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. With over 100 years of combined courtroom experience, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.

Disclaimer: All verdicts and settlements listed here are gross amounts before deductions for attorney fees and costs. Past results do not guarantee similar results in the future. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result. Before choosing a lawyer, ask for written information about the lawyer's legal qualifications and experience.