Amusement Park Injury

June 12, 2023

5 Tips for Theme Park, Fair, and Carnival Ride Safety | Florida Amusement Park Injury Lawyers Whittel & Melton

by Whittel & Melton, LLC

Amusement parks provide visitors with thrilling rides, breathtaking scenery, and much more. There should be no element of surprise about the dangers that could result from carelessness or negligence when you set foot on a famous national theme park in Florida or a smaller-scale operation, like state fair or carnivals. Unfortunately, when negligence and excitement mix, the result can be anything but happy, leading to severe physical harm and even wrongful death. Our Florida Amusement Park Injury Lawyers at Whittel & Melton are committed to helping you if you or a loved one has suffered harm at a fair, carnival, theme park, or other location as a result of carelessness on the part of the owner or operator.

In February of this year (2023), the Ferris wheel at the Florida State Fair in Tampa shut down as riders were suspended upside down, with some being flipped back and forth by the wind.

We wanted to provide a few tips when approaching any type of ride, whether you are at a larger theme park or even smaller carnivals, too.

@jasonmeltonesquire

Problems recently at the #floridastatefair in #Tampa at the #ferriswheel – State Fairs, #Carnival #ThemePark #AmusementPark no matter the venue, please keep an eye out for safety issues before getting on any #ride #SafetyTips #safetytiktok #ridesafety #floridainjurylawyer #floridalawyer #floridapersonalinjurylawyer #tampalawyer #orlandolawyer

♬ original sound – Jason Melton FL Injury Lawyer

When you arrive at your destination, look around at your surroundings and take note of any cleanliness issues. Are they picking up trash? Are the lines in order? The little stuff like this can tell you a lot about the type of operation you are at – if they are cutting corners on this stuff then they are probably not 100% focused on providing a safe environment for visitors.
Check out the rides for any signs of wear and tear. Look for rusting or any signs of metal that is not welded correctly. If anything does not look professional, then it might not be safe.
Watch the ride work a few times before you ride. Make sure it looks like everything is working smoothly before you get on it.
Listen to the ride for any weird noises. If you hear any strange sounds with the way the ride is moving, then this is a sign that the ride might be about to stop working.
Look at the employees operating the rides to see if they are attentive to riders. Are they making sure riders are seated properly? Are they putting people on the rides and making sure they are secure? Are they helping them off the ride? Are they actively making sure all riders are okay?

Trust your instincts when you are approaching these rides. Regardless of the venue, keep your eyes and ears open for any safety issues before you get on a ride. Continue reading

July 22, 2022

Disney World Brawl Results in 3 Arrested and 1 Hospitalized | Florida Disney World Injury Attorneys Whittel & Melton

by Whittel & Melton, LLC

Three people were arrested on misdemeanor battery charges and one person was treated for minor injuries at the hospital in Orlando Wednesday evening following a Disney World brawl outside of the Magic Kingdom.

The brawl at Disney World involved two families, according to a report from the blog Walt Disney World News Today.

Apparently, one family was in line for Mickey’s PhilharMagic Concert when a woman in the party left the line to get her cell phone that she left behind in her electric conveyance vehicle. She attempted to rejoin her family in line, but a separate family would not let her back in line and allegedly pushed her back. Once the show concluded, a confrontation happened between the two families outside.

Fights may not be frequently reported at theme parks, but they definitely do happen, even at magical places of adventure like Disney World.

In fact, just this week, a California-based amusement park called Knott’s Berry Farm had to close its doors early due to “multiple” teen fights happening. This prompted a new “chaperone policy” on Fridays and Saturdays where guests under the age of 17 have to be accompanied by chaperones over the age of 21 at all times. If anyone is found to be violating the theme park’s new “Code of Conduct,” then they will be promptly removed from the park.

Last year, A Las Vegas man was sentenced to six months in jail for a 2019 family fight that happened in Disneyland’s Toontown. A video taken by a bystander at the park showed a man spitting on a woman and then physically assaulting her. Multiple parties joined in the fight, which ultimately injured an elderly woman in a wheelchair.

Another brawl happened in 2019 at Worlds of Fun in Kansas City, Missouri, involving “unruly teenagers.”

If you have been involved in a brawl at Disney World or any other Florida theme park, then our Florida Disney World Injury Attorneys at Whittel & Melton encourage you to preserve all evidence. Keep any photos or videos taken while you were on the property as well as any receipts from purchases you made. You might not think that these things are useful, but they can provide crucial details that can help show what happened, including whether or not you were consuming alcohol (which could affect your credibility), help refresh your memory of what you were doing at the time, and any other relevant details of your day that could help depict a clear picture of what happened. Continue reading

March 25, 2022

Teen Boy Killed After Falling from Free Fall Ride at ICON Park in Orlando | Orlando Roller Coaster Accident Lawyers Whittel & Melton

by Whittel & Melton, LLC

Around 11 p.m. on Thursday, a teen boy (14) fell to his death while on the Free Fall ride at ICON Park in Orlando, according to reports from police at the Orange County Sheriff’s Office.

The teen was taken to Arnold Palmer Hospital, where he passed away from his injuries suffered on the ride.

Reports indicate that on Thursday night, some ride passengers had discussed issues with the seat restraints on the Free Fall ride. Later that evening, the ride was creeping up the tower when the teen fell from the ride.

What is the Free Fall ride at ICON Park? The ride boasts that it is the world’s tallest free-standing drop tower that stands 430-feet tall and reaches speeds of about 75 miles per hour. Free Fall can hold up to 30 passengers and rotates riders around the tower and tilts towards the ground before it free falls.

According to reports, the Slingshot Group operates the ride and is cooperating with investigators as they look into what went wrong Thursday night. Free Fall and an adjacent ride called Sling Shot will now be closed indefinitely.

This is not the first incident at ICON Park. In September 2020, an employee of the theme park died after falling about 50-60 feet from the StarFlyer attraction. The StarFlyer attraction is a 450-foot-tall swing ride attraction that spins double-seated passengers at 45 miles per hour.

If you incur injuries or lose a loved one from an amusement or theme park ride, you need to know your rights. Our Orlando Roller Coaster Accident Lawyers at Whittel & Melton can help you file a personal injury or wrongful death claim. Amusement and theme parks, such as ICON Park, have a duty to its guests and visitors to keep its attractions and premises safe for everyone. However, accidents can and do happen, but who is to blame?

Amusement parks have a team of lawyers fighting on their side to defend them against any liability when someone is injured or killed at their park. This is to help them escape any responsibility from claims of negligence or product liability, and their most common line of defense is called assumption of risk. This is the concept defined as engaging in risky activity (riding a rollercoaster or other type of ride) even though a person knows the activity is inherently dangerous. However, this is not a blanket defense and sometimes does not fit. If a ride passenger gets on the Free Fall ride, they are likely not anticipating that their seat belt restraints will fail, resulting in personal injury or wrongful death. When something like this is the case, assumption of risk will likely not be applicable. After all, who would think that a safety restraint system would fail on a vastly popular and widely-used attraction? Continue reading

August 25, 2021

Woman Suffers TBI Following Roller Coaster Accident | Florida Roller Coaster Accident Attorneys Whittel & Melton

by Whittel & Melton, LLC

A 44-year-old woman is currently in critical condition suffering from a brain injury after she was struck by an “L-shaped” piece of metal that dislodged from a roller coaster at Cedar Point.

The woman was apparently waiting in line for the Top Thrill Dragster when the metal piece that is about the size of an adult male’s hand struck the back of her head.

Bystanders described the metal bracket as a giant Jenga block.

July 6, 2021

Boy Killed on Water Park Ride, 3 Others Injured | Florida Theme Park and Water Park Injury Lawyers Whittel & Melton

by Whittel & Melton, LLC

An 11-year-old boy was killed Sunday and three others suffered injuries on a water ride while visiting Adventureland Park in Altoona, Iowa.

According to reports, one child remains in critical condition and two others suffered minor injuries at the water park.

Here is a breakdown of what police believe happened: six riders boarded the Raging River raft ride when it overturned around 7:30 p.m. Saturday. Four of the riders were taken to the hospital. On Sunday, the park announced that they were “saddened” to find out that one of the riders (the 11-year-old boy) had died.

June 11, 2020

Busch Gardens Opens With New Safety Plan Amidst COVID-19 | Florida Amusement Park Injury Attorneys Whittel & Melton

by Whittel & Melton, LLC

Busch Gardens and Adventure Island in Tampa Bay are starting their phased opening today with many new safety changes due to the coronavirus.

Guests are expected to see many new safety changes that were implemented in collaboration with park officials and health officials these last few months. The main concern is keeping all guests safe, according to reports.

So, what has changed?

June 13, 2019

Hurt At Disney World, Universal or Legoland? Florida Amusement Park Injury Attorneys Whittel & Melton Can Help

by Whittel & Melton, LLC

Millions of people visit Disney World, Universal and Legoland safely every year, but every now and then serious injuries occur. Some of the most common injuries are slips, trips, or falls. In other cases, serious injuries occur on park rides, roller coasters, or attractions, causing permanent disability or wrongful death.

Disney World, Universal and Legoland Accidents and Injuries

A serious injury at Disney World, Universal or Legoland can ruin what was supposed to be a magical vacation. While accidents are going to happen, the park is not always to blame. But sometimes, severe injuries occur and it is the park’s fault for not protecting their guests safety. This is called negligence, and proving negligence is a critical factor in winning personal injury lawsuits. Because of this, it is essential to hire an experienced personal injury attorney who can prove that the theme or amusement park is at fault for your injury.

If you have a personal injury lawsuit for a Disney World, Universal or Legoland injury, you could be entitled to significant financial compensation for your pain and suffering, medical expenses, lost income, and more. Our Florida Amusement Park Injury Attorneys at Whittel & Melton can help you recover full and fair compensation for your suffering.

Disney World, Universal and Legoland Slips, Trips, and Falls

Slips, trips, and falls are some of the most common Disney World injuries. How can a slip, trip, or fall injury occur at Disney World, Universal and Legoland? There are many scenarios that can play out and cause these injuries. A fountain may have sprayed water onto a slippery surface causing a small child to sip and fall. Maybe a drink spilled at a restaurant area and employees neglected to clean it up in a timely manner, creating a hazard. Falls can happen on ramps or stairs that lack handrails or in the slippery boarding areas for water rides. The list of potential dangers goes on and on.

A serious slip, trip, or fall can result in the following injuries:

Broken bones
Sprains and strains
Cuts, scrapes, and lacerations
Severe bruising
Head, neck, spinal, or back injuries
Wrist or ankle injuries
Concussion
Seizure
Disability
Wrongful death

Ride Injuries at Disney World, Universal and Legoland

Some of the most serious and deadly accident injuries take place on Disney World, Universal and Legoland rides, roller coasters, and other attractions within the park. These injuries can happen when rides have design flaws, they malfunction due to poor maintenance, or because employees fail to follow proper safety procedures. An amusement park injury on a ride could lead to severe injury, permanent disability, or death.

What constitutes negligence at a theme park?

Rides that are not maintained or inspected properly that lead to breakdowns, causing injuries to passengers
Ride operators who do not make sure all riders are secured safely in their seats, leading to injuries
Being hit by a tram, bus, or other moving vehicle within the park by a driver who failed to pay attention to surroundings
A Disney World, Universal or Legoland employee who was not trained properly, and injures themself or other park visitors

Reporting an Injury Claim

If you are injured at Disney World, Universal or Legoland, you should immediately report the injury to a park employee as soon as possible. While this is not necessarily required to make a claim, an incident report will confirm that you were injured on Disney’s property. This could definitely be reliable evidence for your injury claim.

Seek Medical Attention

Disney World, Universal and Legoland has medical centers where staff can tend to any injuries. They can also call an ambulance in the event of a more serious injury. Making sure your injuries are documented is critical to obtaining financial compensation from Disney, Universal or Legoland.

Watch What You Say

When you make an injury claim with Disney, Universal or Legoland, their representatives may try to get you to give a formal recorded statement. During these statements, they will ask you about the incident and your injuries. Remember, these reps will use anything you say against you in the event your case does not settle. They will be looking for ways to hold you responsible for your injuries and keep the blame off of them. It is best to have an attorney help you with your case before you provide a statement of any kind. Our Florida Amusement Park Injury Attorneys at Whittel & Melton can make sure you don’t say anything that can be misconstrued and make you look to be at-fault.

Don’t Negotiate By Yourself

Disney, Universal and Legoland adjusters negotiate for a living. Do not expect to go head to head with them and win, as you are not an adjuster. They know exactly what questions to ask to minimize your settlement amount, or how to talk you into agreeing to a lowball settlement when your case is worth far more.

May 30, 2019

Florida Theme Park Injury Lawyer Discusses Breach of Duty in Log Ride Malfunction Accident Leaving Family Injured

by Whittel & Melton, LLC

A log ride at a California amusement park malfunctioned and flipped over on May 25, leaving a woman critically injured and her husband and child also harmed.

The incident occurred at Castle Park in Riverside on the Log Ride, which, according to the park’s website, features a 48-foot drop.

Riverside Fire Department officials said they were called to the park at 4:37 p.m. and that the three members of one family were tossed into the water after something went haywire with the log they were riding in and overturned.

According to witnesses at the scene, a 10-year-old boy injured in the incident appeared to suffer a cut to his ear and head injuries, while his father suffered scrapes to his arm and back.

Fire department officials said a mechanical problem with a ride’s water pump apparently caused the accident.

An investigation is underway by the California Department of Health and Safety to determine the exact cause of the malfunction.

The Log Ride was immediately shut down. A spokeswoman for the Castle Park did say that the ride had been inspected earlier Saturday and nothing was found wrong.

Most amusement parks have their own water parks or pools for patrons, or at least some type of water ride. These wet zones are very popular in Florida, where it is pretty warm year round. While these water attractions are a great way to “beat the heat,” a ride down the water slide or a dip in the wave pool can lead to serious accidents and injuries. If an amusement or theme park is negligent when it comes to cleaning, inspecting, maintaining, or supervising water rides and the people using them, and someone is injured or killed as a result, then the park can be held financially responsible for the damages incurred by all victims involved.

When you choose to visit an amusement park or water park, you expect that park owners, operators, maintenance workers, and other employees will do everything they can, within reason, to ensure all guests remain safe. And while most visits will be free of incident, the reality is that many theme park and water parks have been the sites of accidents in the past.

If your injury, or a loved one’s death, was caused by another person’s negligence, the most common theory under which a case of this type is usually brought is called premises liability. Under Florida law, there are three types of people that may enter someone else’s property: invitees, licensees, and trespassers. Invitees are those who come for business reasons, licensees are there for their own business, and trespassers are on the property without permission. Florida law clearly states that each type of visitor is owed a different duty of care from the owner or operator. A guest at a theme park or water park would be classified as an invitee of the business, and they are owed the highest duty of care.

A property owner has a duty to make sure their invitees are safe on their land, which means making at least a reasonable effort to warn them of any conditions or hazards that could pose a threat to their well being. Failing to make reasonably safe accommodations to invitees can give rise to a premises liability case when the victim(s) can show that a dangerous hazard was not warned for sufficiently.

Anyone can easily become a victim when a water park or amusement park fails to take reasonable safety precautions. Injuries that can be caused by water ride accidents include:

Back Injuries
Bone Fractures
Traumatic Brain Injuries
Facial Injuries
Internal Bleeding
Internal Injuries
Neck Injuries
Organ Damage
Paralysis
Severe Blood Loss
Severed Limbs
Spinal Cord Injuries

Certain injuries sustained may never fully heal, and can completely alter the course of a person’s life forever. These injuries can lead to a loss of physical capabilities, cause ongoing emotional distress and mental anguish, and require costly medical treatment. Some injuries may require around the clock care or permanent supervision.

February 20, 2019

Epcot Visitor Says Malfunctioning Ride Caused Injuries

by Whittel & Melton, LLC

An Epcot patron is suing Walt Disney, alleging negligence caused a ride to malfunction and cause injuries.

The complaint was filed Feb. 1 in Orange County Circuit Court against Walt Disney Parks and Resorts U.S. Inc., alleging failure to design, construct and operate Epcot’s Fast Track ride in a safe manner.

According to the complaint, on Feb. 16, 2015, the visitor was at Epcot’s MGM Studios when the ride malfunctioned, causing him to be thrown about the Fast Track car. The suit says the man sustained bodily injuries, resulting in pain and suffering, disability, disfigurement, mental anguish, loss of the capacity for the enjoyment of life, medical treatment and loss of earnings.

The man alleges Walt Disney Parks and Resorts U.S. failed to provide sufficient restraints to ensure that persons would remain firmly seated on the ride and failed to ensure that guests were properly seated and restrained prior to the ride operation.

Amusement parks like Epcot, Universal Studios, Walt Disney World, Busch Gardens, Blizzard Beach, Typhoon Lagoon, etc. are held to a higher standard of safety of care knows as common carrier, a term that also applies to entities that operate airplanes, buses and trains. Theme parks are required to follow more thorough procedures to ensure rider safety.

When an injury occurs at an amusement park, negligence on the part of the staff is usually a key issue. Some of these issues may include:

Improper ride design or construction
Improper replacement parts
Botched inspection procedures
Careless or reckless ride operators failing to follow procedure

December 11, 2018

Man’s Arm Stuck in Ride at Disney’s Typhoon Lagoon

by Whittel & Melton, LLC

A 44-year-old man was injured Saturday on a raft ride at Disney’s Typhoon Lagoon, according to the Orange County Sheriff’s Office.

Deputies responded to the water park at about 1 p.m. The man was riding Miss Adventure Falls when his arm became stuck between the ride’s conveyor belt.

Disney cast members attempted to free the man’s arm before deputies arrived. The Reedy Creek Fire Rescue responded to the water park and were able to free the man’s arm.

The man was flown to Osceola Regional Medical Center with non-life threatening injuries.

The attraction is currently closed while Disney reviews the incident.

Miss Adventure Falls debuted at Disney’s Typhoon Lagoon in 2017.

In 2017, the latest year for statistics on Disney parks, 2.163 million people visited Disney’s Typhoon Lagoon. That breaks down to 5,926 visitors a day.

The rides and activities at most water parks have the potential to cause very serious injury if things go wrong. Because of this, operators must exercise reasonable care to ensure the safety of their rides and their riders.

While it is very important to document an injury and report it to park officials, obtaining legal representation swiftly following the accident is essential in prevailing in a lawsuit against a water park. You may be entitled to recover for your medical expenses, lost wages, pain and suffering, wrongful death, or other losses.