Ever been handed a waiver at an Orlando theme park and thought it meant you had no rights if you got hurt? That’s a dangerous misconception. Florida’s theme parks rely on waivers to limit their liability, but these documents don’t always hold up in court—especially when the park’s own negligence is involved.
**Florida Law on Waivers: What the Courts Say**
Under Florida law, waivers can limit a business’s liability, but they’re not absolute. The Florida Supreme Court in *Sanislo v. Give Kids the World, Inc.* clarified that while waivers are generally enforceable, they cannot shield a theme park from responsibility for gross negligence or intentional misconduct. If a park fails to maintain its rides, ignores safety warnings, or creates hazardous conditions, a waiver may not protect them from a lawsuit. Florida Statutes § 768.28 also outlines the state’s approach to liability and sovereign immunity, but private theme parks are still held to a high standard of care.
**Common Mistakes After a Theme Park Injury**
Many injured guests assume a signed waiver means they have no case, or they wait too long to act. Others make the mistake of giving recorded statements to the park or its insurers, or failing to document the scene and their injuries. These errors can seriously undermine a valid claim.
**Deadlines and Steps: Protecting Your Rights**
Florida’s statute of limitations for personal injury claims is generally two years from the date of the incident. Missing this deadline can permanently bar your claim. If you’re injured, document everything—take photos, gather witness information, and seek medical attention. Avoid signing additional documents or making statements without legal advice. Consulting a Florida personal injury attorney early can make all the difference in protecting your rights and maximizing your recovery.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
