Amusement parks and Florida are the perfect combination, especially in Orlando. Whether you’re heading to the Magic Kingdom, Busch Gardens, or a smaller park, they all have something in common. There’s always at least one roller coaster waiting to give you a thrilling ride.
Unfortunately, not all roller coaster rides go exactly as planned. Accidents can and do happen. This means you’re navigating an Orlando roller coaster accident claim, and it’s not always the easiest thing to tackle. You’re going to run into a few legal processes like proving negligence, and this is after figuring out who’s responsible for your damages.
What is a Premises Liability Claim?
Okay, the legal process can be confusing even before you get started. While your roller coaster accident falls under personal injury law, it’s just the start. Personal injury law is sort of like a giant umbrella covering different types of accident claims. When your accident occurs on someone else’s property, either public or private, you’re filing a premises liability claim.
All property owners, managers, and occasionally tenants are responsible for keeping their premises free from all hazards. This includes hazards they know and should’ve known about. If a guest or visitor is injured on the property, chances are they can file a premises liability claim. Okay, circling back to tenants and their potential liability.
Typically, property owners and managers are responsible for keeping the premises free from hazards. However, if the tenant willfully ignores potential hazards, they may be liable for any damages. The simple fact that the tenant is paying a fee to occupy the property can make them liable. Every premises liability claim is unique, so it’s best to work with an attorney when you’re trying to determine who’s liable for your damages.
You Must Prove Negligence
Some states treat premises liability claims similar to strict product liability claims. Negligence is pretty much always implied in strict liability claims. This typically makes it a bit easier to prove your claim. Florida isn’t one of these states that presumes negligence in a premises liability claim. If you want your injury claim to make it past the first step in the legal process, proving the key elements of negligence is a must.
Duty of Care
Florida’s premises laws aren’t exactly a one-size-fits-all. Property owners and managers don’t owe everyone the same duty of care. The duty of care owed depends on the reason the individual is on the property. Yep, you owe a guest a different duty of care than a door-to-door salesperson.
Let’s start with what duty of care means in the legal sense. This refers to the duty everyone owes to behave in a reasonable manner that doesn’t place others at risk. For example, you owe your guests a duty of care to ensure the property is free from potential hazards. This can be anything from a loose board on the roller coaster’s platform to a spill on the grocery store floor.
Okay, now let’s move on to the level of care property owners and managers owe to different types of individuals.
Anyone invited onto the property, like ticket holders at an amusement park, is owed the highest level of care. This means regularly inspecting the property to ensure all hazards are removed, or warning signs are in place. Invitees are people like guests to a party or grand opening and are owed the second highest level of care. Florida law requires property owners and managers to keep their premises reasonably safe.
While trespassers are violating the law, they are still owed a minimal duty of care. Property owners and managers just need to take reasonable steps to prevent intentional injuries.
Breach of Duty of Care
You’ve established that the property owner or manager owes you a duty of care. Now, it’s time to show they breached this duty. Thankfully, this element is a bit easier to show. If you’re classified as an invitee, you must show the premise’s owner and/or manager failed to keep the property free of hazards.
This is usually done by collecting procedure manuals, along with inspection and repair reports. Surveillance footage can also be helpful, including any cameras that capture your image on the rollercoaster. Since licensees are usually owed the highest level of care, you’re probably going to need to submit a bit more evidence. This can include snapping pictures of the hazard and collecting witness statements. You may also need to interview employees to learn if the property owner is aware of the hazard.
Trespassers have a harder time proving both duty and breach of care. However, if a trespasser can show that the hazard was intentionally placed to cause harm, they may have grounds for a premises liability claim.
Causation
You’ve made it to the third element of negligence, and things tend to get a bit easier from here. This is when you show the breach of care is directly responsible for your injuries and other damages.
Proving the dangerous conditions on the premises that caused your injuries usually means presenting plenty of testimony. Guess what? You get to give your testimony about the events that caused your accident. However, even though you’re testifying under oath, it’s usually not enough to satisfy this requirement.
You’re probably going to need to provide witness testimony and submit any video footage. Your medical records can also help support your injury claim. You may even need expert medical testimony. This is common when injuries are severe.
Damages
This is the easiest element of negligence to prove, as long as you have your bills and receipts. You’ll present these as evidence supporting your listed damages. Your medical records and pay stubs may also be required. Typically, the evidence you submit is based on what you’re listing in the accident claim.
Don’t Navigate A Roller Coaster Accident Claim By Yourself
Premises liability laws can leave you scratching your head. If you get something wrong, you may be jeopardizing your ability to recover compensation. Working with an experienced Florida personal injury attorney can help simplify the process.
