What is the Duty of an Amusement Park, Theme Park, Recreation Area, or Play Area to Children in the State of Florida?


In Florida, there are a number of theme parks, attractions, recreation areas, and the places in which children are invited as guests to play and otherwise enjoy the fun and entertainment presented by the business. Like other businesses in the State of Florida, these theme parks, attractions, and related businesses have a duty to keep the premises, rides, common areas, restaurants, and other areas in a “reasonably safe condition.” This does not mean that a theme park or amusement park is liable for every single incident or injury that takes place at the theme park / amusement park. However, these businesses are liable if it can be shown that the owners, operators, and / or employees were negligent in the manner in which the park was maintained or negligent in which the guests, employees, and others were supervised. Each case must be evaluated on its own facts and circumstances to determine if there is liability or responsibility under Florida law for the actions or inactions of the amusement park, theme park, or recreation area.

As noted in the appellate case – Walt Disney World v. Goode, 501 So.2d 622 (Fla. 5th D.CA. 1986), Florida Courts do not require that amusement parks / theme parks qualify as “insurers of the safety of patrons, but we do say that reasonable care as applied to a race track requires a higher degree of diligence that it does when applied to a store, bank or such like place of business.”

The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – was written by child injury and child safety lawyer – David Wolf. The book has chapters on Amusement Park / Theme Park Injuries, Playground Injuries, Automobile Accidents, Day Care Center Injuries, School Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

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