Boca Raton Amusement Park Accident Lawyer
Every year, in order to attract larger crowds, amusement park rides get bigger, faster, and higher. The relentless pursuit of profits often causes these companies to ignore their legal responsibility to keep guests safe. This responsibility extends to other areas as well. Amusement park owners also have a duty to prevent onsite assaults, falls, and other injuries.
When large companies fail to protect invited guests, the dedicated Boca Raton amusement park accident lawyers at Smith, Ball & Báez step into action. We quickly and thoroughly evaluate your case and identify your legal options. Then, we collect solid evidence that supports your injury claims and refutes likely insurance company defenses. Because we work so hard at first, we’re usually able to settle your claim out of court, and on victim-friendly terms. When insurance company lawyers see the name Smith, Ball & Báez, they know they’re in for a fight they probably cannot win.
Duty of Care
This case evaluation usually begins with the relationship between the owner and victim. This relationship usually determines the duty of care, as follows:
- Invitee: Amusement park guests are usually invitees. Since they paid for tickets, they benefit the owner financially and have express permission to visit the park. Because of this benefit and permission, owners have a duty of reasonable care. Rides must be certifiably safe, security guards must be visible, and fall hazards must be immediately addressed.
- Licensee: A handful of amusement park guests, mostly people like government inspectors, are licensees. Because they have permission to be at the park but don’t benefit the owner, the legal responsibility is lower. Generally, owners must only warn licensees about latent (concealed) defects. Legally, a “Caution Wet Floor” sign is insufficient to protect an invitee, but it is enough to protect a licensee.
- Trespasser: People who sneak into the park or line jump, steal items, start fights, or break other rules while there are trespassers. The law usually doesn’t protect these people, unless they are children. The attractive nuisance doctrine and some other legal loopholes often apply in these situations.
If owners breach their duty of care, a Boca Raton amusement park accident lawyer can obtain compensation in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Knowledge of Hazard
Generally, owners breach their duty of care if they know about, or should know about, the injury-causing hazard. Additionally, owners are only responsible for damages if the victim’s injury was foreseeable (possible) from their perspective.
Insurance companies often hide smoking guns that prove actual knowledge, such as ride safety reports and security evaluations, until a lawsuit’s discovery phase. Therefore, if a case settles too early, the best evidence, and maximum compensation, may be unavailable.
Circumstantial evidence of constructive knowledge usually involves the time-notice rule. If a hazard only existed for a short time, the owner probably didn’t know about it, so no liability attaches.
Foreseeability is a significant issue in inadequate security claims. Evidence of foreseeability includes prior similar acts at that location, the area’s crime rate, and prior similar incidents at nearby locations.
Reach Out to a Diligent Palm Beach County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced amusement park accident lawyer in Boca Raton, contact Smith, Ball, Baez & Prather, Florida Injury Lawyers. We routinely handle matters throughout the Treasure Coast region.
