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: