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Amusement Park Accident

Panter, Panter & Sampedro is a leading personal injury law firm dedicated to protecting Florida’s families. For over 30 years, our experienced trial attorneys have worked one-on-one with clients to successfully get the justice, recovery and compensation they deserve.

    Amusement Park Accident Lawyer

    Amusement parks are filled with thousands of visitors every year. Given the hefty traffic at theme parks, it is commonly assumed that there are strict standards of safety to ensure rides do not cause harm. Unfortunately that is a common misconception, as some states don’t even have safety regulations in place for amusement parks.

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    How Common are Amusement Park Accidents?

    More than 30,000 people went to the emergency room in 2016 due to injuries caused by amusement park attractions. While equipment used at amusement parks and other venues are generally regarded as safe, some reports indicate that the least extreme rides, such as merry-go-rounds, cause the highest number of injuries.

    Unfortunately that number includes a lot of children. According to a 2013 study from Nationwide Children’s Hospital, roughly 4,000 children are treated for amusement parks in emergency rooms. That is an average of 20 injuries every day of summer with the average victim being just eight years old. 

    How Likely is it to Die On a Roller Coaster?

    A majority of the time, a death reported at a theme park involves a roller coaster. Roller coasters are thoroughly safety tested and insured heavily and while these events are exceptionally rare, they are not impossible. 

    There have only been a handful of deaths reported due to roller coasters in the last decade, however some headlines make people wonder about the safety of thrill rides that seem to become taller, faster and steeper each year. 

    Amusement Park Regulations

    The Consumer Product Safety Commission used to be responsible for regulating portable rides such as those you might find at state and county fairs, but patchwork regulation replaced their federal oversight for fixed rides at theme parks. 

    There is currently no agency with jurisdiction over amusement park safety in Florida. The Department of Agriculture does regulate small amusement parks and carnivals, but Walt Disney World, Universal Studios, SeaWorld and Busch Gardens are exempt from complying with accident reports and being subjected to investigations.

    Regulations or not, owners, manufacturers and operators of park attractions have a responsibility to ensure reasonably safe rides that do not harm patrons. 

    Assessing Liability in Amusement Park Injury Claims

    Regardless of regulatory factors, any venue that invites the public to experience special attractions has a responsibility to maintain the proper safety of its grounds and equipment. There are two types of liability laws that cover such duties:

    • Product liability is the legal acknowledgment that products or equipment are required to be reasonably safe and in good working order. Failure to maintain this safety at amusement parks may make the park or the manufacturer liable for any resulting complications.
    • Premises liability requires public spaces to be reasonably safe and clearly label any potential hazards. Dangerous areas that are not designated with proper signs or barriers could cause injuries the park is at fault for.

    Visitors may be responsible for their own injuries in some cases if they did not listen to a ride operator’s instructions, ignored posted safety hazards or acted in a reckless manner. 

    If amusement park owners, manufacturers or ride operators are found to be at fault for a patron’s injury, victims may be eligible to recover compensation for any pain, suffering, medical bills, lost wages and other damages.

    Typical Amusement Park Injuries

    The data examined by the Nationwide Children’s Hospital indicated head and neck injuries were the most common. Some injuries that people sustain at theme parks include:

    • Neck sprain or strains
    • Spinal injuries
    • Traumatic brain injuries
    • Broken bones
    • Lacerations
    • Whiplash
    • Drowning

    Dos and Don’ts After a Theme Park Injury

    Theme parks tend to have hefty insurance coverage due to the risky nature of the industry. You should not be quick to accept insurance settlements before receiving the advice of a personal injury attorney. The park is likely looking for a quick settlement to avoid negative publicity and related expenses such as intangible costs may still end up putting you in debt. 

    If you sustain an injury on a ride as a result of poor park maintenance, make sure to:

    • Immediately report the issue to the ride operator or park manager.
    • Document your injury and the defective part of the ride with photos.
    • Gather eyewitnesses who can validate what happened.
    • Obtain detailed medical reports and bills with any expected needs of long-term care.
    • Record time missed and wages lost at work.
    • Consult an experienced amusement park accident attorney.

    A theme park injury lawyer will look after your best interests in any insurance settlement negotiations or court appearances. If you or a loved one have been injured as a result of amusement park negligence, call the law firm of Panter, Panter & Sampedro to determine the best way to move forward with your case.

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    Frequently Asked Questions

    • Panter, Panter & Sampedro is among the leading personal injury law firms in South Florida. For more than 30 years, our Board Certified trial attorneys have represented individuals injured by negligent parties in cases of significant size and complexity across various practice areas.

      We are a different kind of law firm, with the legal skill and expertise needed to serve our clients, and an unwavering dedication to family values.

      We believe our success, both inside and outside the courtroom, is defined by what we care about — it’s that simple. Panter, Panter & Sampedro is an award-winning personal injury law firm — but more than that — it is a group of people that genuinely cares about protecting the rights of individuals suffering as a result of wrongdoing and negligence.

    • With a track record of success in working closely with each client, our legal team has secured millions of dollars in compensation for thousands of accident victims and their families over the course of three decades. We guide our clients through the entire legal proceedings, from filing the initial complaint to assisting with the proper distribution of funds once compensation is awarded.

      Our vast trial experience includes substantial verdicts and settlements in cases involving motor vehicle accidents, medical malpractice, product liability, slip-and-fall, catastrophic injuries, wrongful death and more.

      Panter, Panter & Sampedro’s proven team of civil trial lawyers are relied upon by the Miami and South Florida community to protect their rights and ensure justice is served by securing the best verdicts and recoveries possible.

      When our firm takes on a personal injury claim, we aggressively represent our clients and fight for the maximum compensation under the law. Rest assured that no matter how difficult the case, we are prepared to serve as your most ardent legal advocates and welcome the opportunity to hold the culpable parties accountable.  

      Panter, Panter & Sampedro proudly serves residents throughout South Florida — including Miami-Dade, Broward, and Palm Beach Counties.

    • No recovery, no fees.

      We believe that everyone, regardless of their financial status, should have access to sound legal counsel as they exercise their right to pursue justice and redress any harm or wrongdoing.

      At Panter, Panter & Sampedro, all our services are offered on a “contingency fee” basis, which means that any payment to the firm completely depends on whether our efforts result in a financial recovery for our client.

      Any lawyer’s fees for representing the client will be deducted from the final personal injury settlement in the client’s case or from the damages awarded after a favorable verdict, in the event that the client’s case goes to trial.

      In general, attorneys can receive up to one-third of the gross amount of a pre-suit settlement or 40% of the gross settlement recovery once a Defendant files an answer to a lawsuit. These rules are regulated by the Florida Bar, and the following summarizes our contingency fee policy:

      • Client enters into an agreement granting legal authority to the firm to represent the client in exchange for attorneys fees paid in the form of a percentage of the total recovery.
      • The firm assumes all up-front financial costs and risk associated with litigating the case. All of these expenses are paid by the firm, and are only repaid if a recovery is won.
      • The client pays no fees whatsoever, hourly or otherwise.
      • The firm’s contingency fee percentage varies based on the type of case, level of complexity, and the foreseeable resources required to litigate it properly.
      • Every case is unique, but the contingency fee percentage is always clearly agreed upon by both parties and documented in writing upon retaining our services.
    • We can. Call 305-662-6178 or submit a request for your FREE CONSULTATION to speak directly with one of our knowledgeable personal injury lawyers. We will review your case at no charge. To learn more about personal injury, please read below.

      Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.

      Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.

      Personal injury cases can involve:

    Personal Injury

    Traffic Accidents

    Medical Malpractice

    Premises Liability

    Product Liability

    Catastrophic Injuries

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