A visit to a Florida theme park is meant to be a day of excitement, laughter, and unforgettable memories with your family. But when a child is allowed on a ride they’re not tall enough for and ends up hurt, that dream day can quickly become a nightmare. The pain of seeing your child in distress, knowing they trusted the park to keep them safe, can leave you feeling helpless and unsure of what to do next. Understanding who is responsible and knowing your legal rights can make all the difference in ensuring your child’s well-being is protected and that justice is served.
Determining liability when a child is harmed on a theme park ride and is not tall enough to ride requires careful examination of the circumstances. At Wooten, Kimbrough, Damaso & Dennis, we’ve spent decades representing families in personal injury cases across Florida. Our team understands the complexities of these cases, from potential negligence by park operators to the role of proper safety enforcement. With over 100 years of combined courtroom experience, we are well-positioned to navigate the unique challenges these incidents present.
What Happens When a Child Is Injured on a Theme Park Ride?
Theme parks in Florida are filled with thrilling attractions, offering fun and excitement for families. However, when a child is injured on a ride, especially if they are not tall enough to ride, it raises important legal questions. Who is responsible for the harm caused in such situations?
Negligence and Liability
To prove negligence in cases involving theme park rides, a plaintiff (usually the child’s parents) must show the following:
- Duty of care
- Breach of duty
- Causation
- Damages
If all of these elements are proven, the theme park may be found liable for the injury.
Florida’s Ride Safety Regulations
Florida has strict regulations in place to ensure that theme park rides are safe for all visitors. These regulations are enforced by the Florida Department of Agriculture and Consumer Services (FDACS), which oversees the safety of amusement rides. The law mandates theme parks to clearly post safety requirements, including height restrictions for certain rides. These restrictions are based on the physical safety of the rider, considering factors like their ability to fit in the ride’s restraints safely.
When a child is injured on a ride and is not tall enough to ride, the theme park may be held liable if the height restrictions are not properly enforced. For example, if the ride operator allowed the child to board despite the height requirement, the theme park could be responsible for any resulting injuries.
Theme Park’s Duty of Care
Under Florida law, theme parks and ride operators have a legal duty to maintain a safe environment for their visitors. This includes ensuring that height and age restrictions are enforced, as well as making sure that rides are in good working condition. If a theme park fails to uphold these safety standards, it could be found negligent.
Liability of the Ride Operator and Employees
Sometimes, ride operators or theme park employees may also be liable. These individuals are responsible for enforcing the ride’s safety requirements. If an operator fails to check the child’s height or allows a child to ride without properly assessing whether they meet the requirements, the operator’s actions could lead to the park’s liability.
However, theme parks often protect themselves by requiring employees to adhere to safety protocols. As a result, liability often extends to the theme park itself rather than the individual employees. Still, in cases of gross negligence or reckless behavior, individual operators may also be held personally liable.
Protecting Your Family’s Rights After a Theme Park Injury
When your child is injured at a theme park due to negligence, it’s crucial to act quickly and ensure their rights are protected. At Wooten, Kimbrough, Damaso & Dennis, we bring more than 100 years of combined courtroom experience to personal injury cases across Florida. We’ve represented families facing the overwhelming aftermath of accidents like these, and we know how to pursue justice while prioritizing your child’s well-being.
Our team is here to help you navigate the complexities of liability, safety regulations, and legal claims against theme parks. With a strong track record of successful outcomes, we aim to hold negligent parties accountable and secure the compensation your family may need for recovery. If your family is facing the consequences of an injury at a theme park, contact us today at (407) 843-7060 or visit our contact form.
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.