Seeking Liability For Disney World Injuries
A trip to Disney can make a child’s year, and can usually bring a smile to all but the grumpiest parent. Unfortunately, despite stringent safety standards and security, accidents do happen, and the results can be serious. If you or a family member have been injured at Disney World, you may have a case to file if negligence played a role.
Premises Liability & Personal Injury
If a person is injured due to the negligence of another person or entity, the victim will generally have the right to file a personal injury claim against the (allegedly) negligent actor. Injuries in places like theme parks tend to fall under the umbrella of what is known as premises liability, which is an aspect of personal injury law. Premises liability is the theory that a landowner or business owner owes a certain duty of reasonable care toward the people who visit their premises, but the degree of care will vary depending on the visitor’s status.
Under Florida law, there are three broad types of visitors: invitees, licensees, and trespassers. No duty is owed to trespassers except to refrain from intentionally injuring them, but invitees and licensees are owed a certain degree of care, and a failure to exercise it may mean liability for the landowner. Most visitors to Disney World are classed as ‘business invitees’ – that is, people who are lawfully present on the property to do business with the owner.
If You Are Injured
If you experience an injury at Disney World, the first thing you should do is seek first aid; there are stations throughout the park. This will both treat your injury and establish a record of when and where it happened. It may be a good idea to gather evidence, if at all possible; taking photos and asking questions can help to bolster your case at a later point. If you seek further treatment for your injuries at a later point, retaining those records will also be crucial.
One of the most important things you can do, if you decide to file suit against Disney for your injuries, is to not discuss the case. Too many posts on social media or otherwise talk about their case, forgetting that most of the places one might do so can be found by defense attorneys. Your own attorney should be the only person with whom you discuss your case; while this is not a criminal matter, you should treat social media as able to be used against you.
Contact An Orlando Premises Liability Attorney
If you have been injured at Disney World, and you suspect that negligence played a role, you may feel too overwhelmed to think about holding the park accountable. An Orlando premises liability attorney from the Hornsby Law Group can help navigate the legal process with you, while you focus your energies on getting back to normal physically. We are ready and willing to help – call our office today to schedule a free consultation.
Source:
courtlistener.com/opinion/1696357/lukancich-v-city-of-tampa/
