Although the Walt Disney World slogan is that the amusement park is “the happiest place on earth,” dense crowds, darkness, and visual distractions create an atmosphere that increases the risk of a serious fall. Guests of the “Magic Kingdom” or other Florida amusement parks can suffer severe injury when falling because of improper maintenance of walkways, sidewalks, and parking lots. Our amusement park accident lawyers recognize that visitors injured in falls while touring theme parks or other major tourist attractions in Florida frequently face an uphill battle. In this blog, we review a case where a plaintiff effectively used evidence provided by the theme park’s own expert to withstand summary judgment.
The plaintiff seriously injured her knee when she slipped while stepping off a curb on Main Street inside the park. Her complaint alleged that Walt Disney World Hospitality & Recreation Corporation failed to warn guests (legally considered “invitees”) of unsafe conditions and to maintain the property in reasonably safe condition for patrons. Because of this failure, the plaintiff alleged she slipped on unsafe caulking while stepping off the curb. During her deposition, the plaintiff testified that she was paying attention and looking down at the curb as she stepped off. She did not see what caused her to fall but noticed a broken off section of sidewalk caulking made of rubber that was bent after she fell. Because she did not observe any other obstacle that could have caused her to slip, she assumed that the folded over caulking triggered her fall. Continue reading →