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Every year, millions of people visit the
nation’s amusement parks, a wonderful form of
entertainment for people of all ages. Orlando is
home to some of the world’s most popular
attractions, including Walt Disney World.
However, mechanical
problems and other defects have hurt or even killed
dozens of visitors at these amusement parks. Some of the
most recent injuries are the following: |
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- In June 2007, a
13 year-old girl had both of her feet severed on a
ride at Six Flags Kentucky Kingdom in Louisville.
- In August 2006, a
7 year-old boy from Florida was bitten on the
thumb by a dolphin at SeaWorld Orlando.
- In August 2006, a
6-year-old boy from Georgia was bitten on the
arm by a dolphin at SeaWorld Orlando.
- In July 2006, a
52-year-old man from Florida died after riding Busch
Gardens Tampa's Gwazi Tiger Coaster.
- In June 2006, a
12-year-old boy from Kentucky died after riding Walt
Disney World’s Rock 'n' Roller Coaster.
- In April 2006, a
49-year-old woman from Germany died after riding
Walt Disney World’s Mission: Space.
- In June 2005, a
4-year-old boy died after riding Walt Disney World’s
Mission: Space.
- 10 serious
injuries and illnesses from Mission: Space have been
reported since the ride opened in 2003.
- Both Space
Mountain at Disney’s Magic Kingdom and the wave pool
at Typhoon lagoon had reported one death and four
serious injuries or illnesses since 2003.
The Consumer Protection
Safety Commission estimates that the number of serious
injuries on amusement park rides warranting a trip to
the emergency room have risen to almost 5,000 annually.
Unfortunately, the CPSC's ability to gather accurate
information is seriously hampered by the loophole in the
Consumer Product Safety Act in 1981 -- the so-called
"roller coaster loophole." This loophole prohibits the
CPSC from regulating the safety of rides that are fixed
to a specific site. While mobile rides, those that move
from location to location – such as in carnivals and
other mobile attractions – fall under their
jurisdiction. Although legislation regarding amusement
park rides has been introduced in Congress, it has
failed to become law.
As a result, regulation
and inspection of “fixed site” amusement rides are left
up to the state or local municipality, and as a result,
oversight varies from good to none. A majority of states
and municipalities provide some type of regulation
(i.e., licensing, inspection, insurance requirements);
the states containing the largest number of amusement
parks (i.e., California, Florida, Ohio) do have some
oversight. However, consumers have no way of finding out
how many guests have been seriously injured on rides at
parks such as Disney World and Universal Studios
Florida.
Florida's largest
amusement parks, including Walt Disney World, are exempt
from state regulations that require mandatory reporting
of injuries and give the state authority to shut down
and inspect rides. Disney voluntarily submits to safety
inspections.
CPSC has stated that
several factors are at fault in the amusement park
accidents: consumer behavior, operator behavior,
mechanical failure and design defects or limitations.
Liability for amusement
park accidents and theme park injuries involves three
types of law – negligence or tort law, product liability
law and premises liability law. These laws are complex
and require the expertise of an Orlando personal injury
lawyer with experience handling amusement park accident
injury cases.
At Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A., we are committed to protecting the safety of
Florida's families. Our cases are handled by a team of
professionals, including nurses, doctors, engineers and
other experts. State-of-the-art technology is utilized
to effectively present claims. Lawyers, judges and
clients recognize Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. as one of the
top civil trial firms in Central Florida. If you or a
loved one have been injured or killed on an amusement
park ride, please contact us today via our online
contact form, or call our
Orlando office at (407) 381-4123, or our Kissimmee
office at (407) 846-2240. Whether your case is settled
or tried, you can be assured that Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. has obtained the maximum possible amount of
damages in your case. |