Posted on

Florida Roller Coaster Derails, What are the Victims Rights?

Earlier this month, six people were hospitalized after a car on the Sandblaster rollercoaster in Daytona Beach’s Mardi Gras Fun Center derailed. According to a local news report, the coaster was carrying ten people in three separate cars when the front car derailed and fell off the tracks.

The front car that derailed fell to the ground, leaving the other two cars dangling over 30 feet in the air. Emergency responders rushed to get the remaining occupants down safely. In all, six people were hospitalized, two with serious injuries.

Another news article interviewed one of the victims who was riding in one of the rear cars, who opened up about her experience. She explained the sensation of dangling from the coaster as she watched her co-worker fall over 30 feet to the ground below. The woman, a mother of two, told reporters that she was in an extreme amount of pain and thought that she was going to die. She suffered nine broken ribs and spinal injuries as a result of the derailment.

As it turns out, the Sandblaster had a checkered maintenance record. Just one month ago, the coaster was closed due to ongoing maintenance problems, including damaged cars and excessive corrosion. Since the accident, the state conducted an inspection and the roller coaster has since re-opened. The state has launched an investigation into the coaster and its maintenance.

Florida Amusement Park Lawsuits

The experience detailed above is the worst nightmare for amusement-park visitors. Nobody thinks that when they get onto a ride, or allow their child to get onto a ride, their safety might be seriously in jeopardy. However, when amusement parks fail to take the necessary precautions, accidents can happen.

When someone is injured in a Florida amusement park accident, several legal issues can arise. As a general matter, the amusement park owes a duty of care to ensure that its rides and attractions are safe for visitors. However, most amusement parks include liability waivers somewhere on the ticket, attempting to limit a guest’s ability to hold them liable, should an injury occur on their property. These waivers, however, are often viewed with a skeptical eye by courts, who appreciate the reality that few people take the time to read the fine print on the back of their tickets. However, these situations are highly fact-specific, and anyone considering a lawsuit against a Florida amusement park should consult with a dedicated South Florida personal injury attorney.

Have You Been Injured in a Florida Amusement Park?

If you or a loved one has recently been injured inside a Florida amusement park, you may be entitled to monetary compensation. Amusement parks, like other Florida businesses, have a duty to ensure that all areas accessible to guests are kept in a reasonably safe condition. It is important to realize that, while parks may attempt to evade legal responsibility, it is ultimately up to a court to determine whether that waiver will be applied. The dedicated Florida personal injury attorneys at the law firm of Cecere Santana have decades of experience handling all types of Florida premises liability cases, including those arising in amusement park accidents. To learn more, and to speak with an attorney about your case, call 800-753-5529 to schedule a free consultation today.

See Additional Blog Posts:

Florida Court Holds Determination of Whether Grocery Store Had Knowledge of Spill Was a Question for the Jury, South Florida Injury Attorneys Blog, June 13, 2018.

Recovering Compensation After a Florida Hit-and-Run Accident, South Florida Injury Attorneys Blog, published May 16, 2018.