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Nov
2023

Should I Hire A Lawyer For An Injury At Santa’s Enchanted Forest?

on  Personal Injury

Yes! You should hire a lawyer if you are injured at Santa’s Enchanted Forest in South Florida this Holiday season. You might not get the compensation and justice you deserve without a lawyer, as these pop-up theme parks often have large legal teams and insurers on their side. They may even pin some or all of the blame on you to reduce their liabilities. A Florida injury attorney won’t let them get out of paying you what you deserve. 

Visiting Santa’s Enchanted Forest This Holiday Season

‘Tis the season to be jolly, and what better way to embrace the holiday spirit in South Florida than by visiting Santa’s Enchanted Forest? This enchanting holiday theme park, touted as “The World’s Largest Holiday Theme Park and FREE Carnival,” has once again opened its gates for the 2022-2023 season, running from November 9th to January 8th.

Situated in the heart of Miami, specifically at 7400 NW 87th Avenue, Santa’s Enchanted Forest welcomes eager visitors daily, even on holidays, from 5 p.m. to midnight. With over 100 rides, captivating shows, thrilling games, and a wide array of attractions, it’s no wonder that families and friends eagerly flock to this festive wonderland year after year.

Did You Get Hurt at Santa’s Enchanted Forest?

While Santa’s Enchanted Forest promises an unforgettable experience of merriment and joy, accidents can happen.

Like many states, Florida has specific laws and regulations to address theme park safety and visitor rights. These regulations are designed to protect the well-being of park-goers and ensure that they have a safe and enjoyable time. However, it’s essential to recognize that accidents and injuries can still occur, even in the most magical places.

Even though you might not have signed a waiver when you entered the park, you paid admission. When you pay admission to a theme park, you agree to the park’s rules and terms of service. By entering the park, you consent to limit your ability to sue the park owners if you or someone you love gets hurt. However, this doesn’t mean that you can’t sue if the park operators are negligent. It simply means that you and your family understand the risks of being at an amusement park and assume some responsibility for what might happen. 

For example, suppose your son was running through the park and fell and broke his leg. You can’t sue the park for this injury because it was not their fault. It was an accident that came with the excitement of being at an amusement park. However, if your son broke his leg while on a ride because the attendant didn’t properly secure him into the seat, you might be able to sue the amusement park for your son’s injuries. 

Negligence is key when determining whether you can file a claim or not. Your Florida injury attorney can investigate your accident to determine whether the park is liable for your injuries. 

Common Injuries at Santa’s Enchanted Forest

While Santa’s Enchanted Forest is a great place for families of all ages, there’s always a chance that visitors could find themselves in situations where they might get injured. It’s not something anyone wants to think about during the holiday season, but when an accident does occur, it helps to know that you are not alone. 

Injuries among theme park visitors are not an isolated occurrence, and this is true for holiday-themed park venues like Santa’s Enchanted Forest. According to the United States Consumer Product Safety Commission (CPSC), a staggering 43,405 people got hurt at theme parks and carnivals nationwide in one recent year.

Among these statistics, children aged 0 to 14 bore the brunt of the injuries, accounting for more than 26,000 cases. Children between 5 and 14 suffered the highest number of injuries. However, more than 17,000 injuries occurred to visitors over 15, making it clear that injuries in theme parks can affect visitors of all ages.

These injuries can stem from various causes, with the most common including issues like mechanical failures on rides, slip and fall accidents, or even collisions during crowded events. 

Some of the most common injuries that occur at Santa’s Enchanted Forest include, but are not limited to:

  • Sprains, strains, and soft tissue injuries
  • Back and neck injuries
  • Concussions
  • Traumatic brain injuries
  • Broken bones 
  • Disfigurement and amputation
  • Internal organ damage
  • Burns and scarring

How Do Accidents at Santa’s Enchanted Forest Occur?

Accidents at amusement parks can occur for various reasons. Here are some common ways accidents happen at amusement parks:

  • Employee Error: Amusement park employees are generally trained to operate rides and maintain safety standards, but mistakes can still happen. Employee error can lead to accidents, such as improper restraint checks, failure to follow ride procedures or inadequate supervision of guests. These errors can result in injuries or even fatalities. When this occurs, the amusement park may be held liable for failing to ensure the proper training and supervision of its staff.
  • Slip and Falls: Slip and fall accidents can occur due to wet or slippery surfaces, uneven walkways, or inadequate maintenance of park facilities. Wet ride platforms, spilled food or beverages, and rain-soaked pathways can all pose hazards. If the park neglects to maintain safe walking surfaces or fails to address spills promptly, they may be held responsible for injuries sustained.
  • Equipment Failure: When a ride malfunctions or contains defective equipment, deadly accidents can occur. Roller coasters, water slides, and other attractions rely on intricate machinery to operate safely. When these systems fail, it can lead to serious injuries or even catastrophic accidents. Santa’s Enchanted Forest may be to blame if they didn’t conduct proper inspections and maintenance or were aware of equipment issues but failed to address them promptly. 
  • Assaults: While rare, incidents of assault or altercations between guests and/or staff can occur at amusement parks. Overcrowded events or long wait times can sometimes lead to tension among visitors. Park management should have security measures in place to prevent and respond to such situations to ensure the safety of all guests. The park might be liable if it doesn’t have adequate security measures to prevent or respond to such incidents, putting the safety of visitors at risk.

Amusement parks are legally obligated to maintain a safe environment for their guests. They should regularly inspect rides and facilities, provide comprehensive employee training, and implement security measures to prevent accidents and address potential risks. When they don’t take these actions, they can be held liable for injuries and accidents that occur. 

Who is To Blame After a Holiday Amusement Park Accident?

If you or a family member gets hurt at Santa’s Enchanted Forest, you may have the option to pursue an amusement park injury lawsuit. Before you can file a lawsuit, your Florida amusement park accident lawyer must determine who is to blame. In amusement park accidents, multiple parties might share liability, including: 

  • Amusement Park Owners
  • Ride Operators
  • Amusement Park Ride Manufacturers
  • Staff
  • Other Park Guests

It’s essential to understand that theme parks, including Santa’s Enchanted Forest, are driven by competition. They aim to outdo their rivals by offering more rides and attractions that give guests thrilling experiences. Some amusement parks might try to cut corners to keep up with competitors and to increase their profits. When they fail to maintain their property and attractions, they can be held accountable. 

Why Should You Hire a Lawyer After an Injury at Santa’s Enchanted Forest?

Why should you hire a lawyer if you’re injured at Santa’s Enchanted Forest? Theme park liability cases in Florida can be complex, involving various factors such as the cause of the injury, the park’s safety measures, and the extent of your damages. You’ll need someone on your side to go up against large theme park owners and their legal teams. 

Your Florida injury lawyer can provide expert guidance and assess whether you have a viable claim against the park. They will help you navigate the legal intricacies, gather evidence, and advocate for your rights, ensuring you receive fair compensation for your injuries.

Contact Our Florida Amusement Park Attorneys Today

At Prosper Shaked Accident Injury Attorneys, PA, we know that amusement park injuries can completely ruin your holiday season. We also know that sometimes, those injuries can last a lifetime. That’s why our Florida amusement park accident lawyers work tirelessly to help injured amusement park guests seek justice. 

When you contact our law firm, you can rest easier knowing you have someone on your side who cares about you and your future. Let Prosper Shaked help you through this difficult time. Call us for a FREE consultation and review of your case at 305-694-2676 or fill out our confidential contact form.