KD’s Hospitality, Retail and Premises Practice Group recently presented a seminar on theme park liability. The presentation focused on the duties owed to guests, the potential tort claims that may arise and the potential defenses that may be available. Below are some quick tips to remember when handling theme park claims.

• Start the investigation early – it may be difficult to track down key witnesses years later. Even if you are unable to secure surveillance footage of the incident, someone may have captured footage on a cell phone video which could be critical to your defense!
• Check on plaintiff’s legal status at the time of the incident. Plaintiff’s legal status dictates the duty owed to them by the theme park.
• Courts have moved away from applying a heightened duty onto theme parks; duty should be assessed the same way in these factual scenarios as it is assessed in any other premises liability cases.
• When a lawsuit involves a theme park ride, the courts in Florida dive into each case’s individual facts and really analyze the nature, construction, and operation of the ride itself that allegedly caused the injury.
• The courts have consistently held that the care required by a park must correspond with the risk involved.
• Whether reasonable care was exercised, is a question of fact for the jury.