Norden Leacox Accident & Injury Law | December 20, 2024 | Orlando Personal Injury Blog
Orlando, Florida, is renowned for its world-class amusement parks, attracting millions of visitors each year. However, accidents can happen, and if you or a loved one is injured at an amusement park—even in cases involving wrongful death—you have the right to pursue legal action. Amusement parks are business entities–typically corporations or LLCs. Accordingly, they have the legal capacity to sue and be sued. However, special considerations apply to personal injury lawsuits against amusement parks.
Types of Injuries That are Common in Amusement Parks
Injuries at amusement parks can occur for various reasons, ranging from accidents on rides to environmental hazards. Some of the most common injuries we see include:
- Abrasions
- Amputations
- Back injuries
- Broken bones
- Concussions
- Cuts and lacerations
- Dehydration
- Drowning
- Head injuries
- Heatstroke
- Heart attacks
- Neck injuries
- Soft tissue injuries
- Spinal cord injuries
- Strokes
- Traumatic brain injuries
- Whiplash
- Wrist injuries
- Death
While these injuries can be severe, it’s important to note that not all incidents are the result of negligence or the park’s liability. Understanding the circumstances behind an injury is key to determining responsibility.
Waivers of Liability
Most amusement parks include liability waivers to protect themselves from personal injury claims, with some waivers even printed directly on tickets. However, courts do not always uphold these waivers, particularly in cases involving gross negligence or willful misconduct.
How Premises Liability Works
Premises liability refers to the responsibility that property owners or operators have for injuries caused by dangerous conditions on their property. Generally, property owners are only liable for injuries suffered by individuals who have a legal right to be on the premises, typically excluding trespassers. Most premises liability claims are based on negligence or the failure to exercise reasonable care.
Amusement parks, in particular, have a heightened duty to ensure the safety of their guests. This elevated obligation stems from the fact that parks intentionally expose visitors to potentially risky situations, such as high-speed roller coasters or other thrill rides. To meet this duty, amusement parks must regularly inspect their property, maintain safe rides and attractions, and promptly repair hazards. At a minimum, they are required to provide clear warnings about any known dangers.
Premises liability claims against amusement parks can arise from various incidents, including slip-and-fall accidents, ride malfunctions, or injuries caused by other guests. Such claims are typically valid when the park fails to fulfill its responsibility to protect visitors from preventable harm.
The Statute of Limitations Deadline
In March 2023, Florida shortened its personal injury statute of limitations to two years, from the previous four years. Claims that arose prior to the date of the change (March 24, 2023) still enjoy a four-year statute of limitations.
The statute of limitations sets the deadline for you to either file a lawsuit or finalize a settlement. If you miss the statute of limitations deadline and no exceptions apply, your claim’s value will drop to zero immediately.
How to File a Personal Injury Lawsuit in Orlando
Normally, you would file a personal injury lawsuit against an amusement park in the Ninth Judicial Circuit Court of Florida, which serves Orange and Osceola counties. If you are asking for $8,000 or less, you can file a lawsuit in the Orange County Civil Court, which is essentially a small claims court. Either way, you will have to pay a filing fee and have a neutral third party deliver a copy of the complaint and court summons to the defendant.
The defendant must usually file an answer to your initial complaint within 20 days. Otherwise, the court might issue a default judgment in your favor.
The Importance of Pretrial Discovery
Pretrial discovery is probably the most important activity that takes place between filing a lawsuit and trial. During discovery, each side demands evidence that is in the possession of the other side. Some of this evidence exists only in the minds of witnesses. The most important features of pretrial discovery include:
- Depositions: Out-of-court cross-examination of witnesses.
- Interrogatories: Written questions that the recipient must answer in writing and under oath.
- Demands for production: A demand for copies of documents or a demand to inspect physical evidence. A defendant in a personal injury lawsuit can, for example, have their own doctor examine your body for injury.
- Requests for admissions: Requests to admit certain uncontested facts so that the trial can focus on the actual issues in dispute.
Pretrial discovery often yields so much evidence that the defendant has no rational choice but to agree to a settlement.
Do You Need an Orlando Personal Injury Lawyer?
At Norden Leacox Accident & Injury Law, our top-rated Orlando personal injury attorneys are dedicated to relentlessly pursuing justice for our clients. We are so confident in our ability to secure favorable outcomes that we offer a contingency fee arrangement—meaning you pay nothing unless we win your case. Contact us today for a free consultation to discuss your case.
Contact a Personal Injury lawyer at Norden Leacox Accident & Injury Law Today
For more information, please contact Norden Leacox Accident & Injury Law to schedule a free consultation. We have five convenient locations in Florida, including Orlando, Palm Bay, Melbourne, Cocoa, and Titusville.
Norden Leacox Accident & Injury Law – Orlando, FL Office
633 E Colonial Dr
Orlando, FL 32803
Phone: (407) 801-3000
Hours: Open 24/7
Our firm is located near you. We have an office in Orlando, FL.
Find us with our GeoCoordinates: 28.5534238,-81.3692001
Norden Leacox Accident & Injury Law – Palm Bay, FL Office
4620 Lipscomb Street N.E Suite #3K
Palm Bay, FL 32905
Phone: (321) 677-5964
Hours: Open 24/7
Our firm is located near you. We have an office in Palm Bay, FL.
Find us with our GeoCoordinates: 28.039083,-80.6083109
Norden Leacox Accident & Injury Law – Melbourne, FL Office
1600 W Eau Gallie Blvd #205j
Melbourne, FL 32935
Phone: (321) 450-7134
Hours: Open 24/7
Our firm is located near you. We have an office in Melbourne, FL.
Find us with our GeoCoordinates: 28.1289147,-80.6461588
Norden Leacox Accident & Injury Law – Cocoa, FL Office
717 S Cocoa Blvd STE 203
Cocoa, FL 32922
(321) 449-8042
Hours: Open 24/7
Our firm is located near you. We have an office in Cocoa, FL.
Find us with our GeoCoordinates: 28.3511613,-80.7312948
Norden Leacox Accident & Injury Law – Titusville, FL Office
4527 S Hopkins Ave Suite B
Titusville, FL 32780
Phone: (407) 801-3000
Hours: Open 24/7
Our firm is located near you. We have an office in Titusville, FL.
Find us with our GeoCoordinates:28.5584923,-80.8010051