Florida is home to some of the most popular theme parks in the world, and the highlights of many of these theme parks are roller coasters and other rides. However, these rides can be dangerous, and while rare, it is not unknown for a person to die while on a roller coaster. When this happens, it may be possible to hold the theme park liable for the victim's death through a wrongful death lawsuit.
Such claims can be based on several legal theories. One is negligent operation. Lawsuits based on this theory allege that the theme park failed to exercise the applicable standard of care for operating the ride. This may be particularly applicable when it is a child who dies. Another theory a wrongful death lawsuit against a theme park can be based on is design or product defect. This may be applicable if the ride itself was designed or manufactured in a manner that is unsafe.
Finally, a wrongful death lawsuit against a theme park can be based on improper maintenance. Theme parks are responsible for properly maintaining their rides. If a lack of maintenance leads to a malfunction that kills a rider, the theme park may face liability.
Many tourists and residents of Florida look forward to spending holidays and vacations at one of the state's many theme parks. However, what is supposed to be a fun time making memories can turn to tragedy if a person is killed on a theme park ride. When that happens, holding the theme park responsible through a wrongful death claim may provide the victim's loved ones with the compensation they need to move on from the incident.