What is the Liability of a Theme Park or Amusement Park for Injuries to Guests Including Children?

In the State of Florida, millions of adults and children visit theme parks and amusement parks every year.  Most visits are filled with fun and the “magic” of being in a wonderful make believe world filled with characters, rides, candy, junk food, and music.  At times, a visit to a Florida amusement park or theme park can be quite different when an adult or child is injured as a result of the negligence of the theme park and its staff.  It should be pointed out that an amusement park or theme park is not liable every time there is an incident or injury.  In other words, an amusement park or theme park is not an insurer of the safety of the guests.  The theme park / amusement park has a duty to provide and maintain a reasonably safe environment for the guests – many of which include children.

Like other types of personal injury cases, there are four essential elements to establish for a case or claim to be brought against a theme park or amusement park personal injuries as follows:

Duty;
Breach of Duty;
Causation; and
Damages

If there is a dangerous condition on the premises that the park knew or should have known about, the park should take reasonable efforts to remove the danger, limit the danger, and /or post warnings about the danger.  Theme parks and amusement parks welcome children on the premises and specifically market to children.  As such, the park should be maintained in a manner that accounts for the curiosity and lack of safety awareness of children.

A high publicity case involved the death of 2 year old Lane Graves from Nebraska who was playing in a beach area outside of the Grand Floridian Resort in June 2016.  Some questioned the liability of Walt Disney World Orlando as it was a bit of a freak accident that was not common; however further investigation and facts revealed that the presence and dangers of alligators were well known the area yet there were no sign posted and no walls or fences put in place to protect children and other guests from alligator attacks. It was reported by news outlets that a dozens of alligators were captured prior to the death of the child.  While there may be been some captures, it would have been difficult to remove all alligators from the area.  As such, signs should have been posted and warnings should have been made very clear that there were alligators in the area.  See article – Alligators Captured at Disney World Prior to the Attack of 2 Year Old at the Grand Floridian Resort. 

Based in Jacksonville, Florida, attorney David Wolf handles personal injury cases including child injury cases throughout the State of Florida.  He is the author of 11 books including the book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know.  This book has chapters on Automobile Accidents, Day Care Center Injuries, Theme Park / Amusement Park Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.