Who Governs Theme Park Ride Injuries and Deaths in Florida?

 Posted on November 12, 2025 in Amusement Park Injuries

A recent death at Universal’s Epic Universe (on the Stardust Racers roller coaster) has raised questions regarding how injuries and deaths at Florida’s theme parks are governed. This particular death was ruled accidental, as the rider had pre-existing conditions. The ride was briefly closed for investigation but has since reopened after changes were made to signage and operating procedures.

This incident highlights the fact that many Florida theme parks face an uncomfortable truth: even the most carefully engineered environments can have real-world consequences that go beyond bumps and bruises. Every quarter, the major theme parks in Florida are required to submit self-reported documentation of any guest injuries resulting in at least 24 hours of hospitalization. Unfortunately, what these reports fail to reveal are context and ongoing medical updates.

And, although medical emergencies tied to theme park rides – particularly roller coasters – do occur, fatalities are rare. Intensive scrutiny of ride safety protocols and liability standards for Florida’s theme parks is becoming much more common. If you or a loved one received serious injuries at a Florida theme park, you could benefit from speaking to a highly skilled Kissimmee, FL personal injury attorney.

What is the Legal Framework for Who Governs Florida Theme-Park Injury Claims?

Under premises liability law, theme parks have a duty to maintain a safe environment for guests. Theme parks can be held liable for any injuries or deaths that result from unsafe conditions at the park. Product liability law addresses design defects, manufacturing defects, or warning defects against the manufacturers and suppliers of the ride equipment.

Ride safety oversight is governed by the Florida Department of Agriculture and Consumer Services (FDACS). A claim can be made if the park failed to act reasonably, and this failure resulted in injury or death. The failure could include poor maintenance (Florida Statute Section 616.242) or a failure to follow safety protocols. Under Florida’s modified comparative negligence laws (2023 tort reform HB 837), a person injured by another’s negligence will have his or her damages reduced by his or her percentage of fault.

This could address a guest’s known health conditions or physical restrictions, as well as signage or lack thereof, operator training, and maintenance laws.  Under Florida’s statute of limitations (95.11 (5)), a lawsuit for negligence must be filed within four years of the date of the incident.  The specific facts and circumstances of the injuries or death from a Florida amusement park ride will determine which laws will apply.

What Steps Should You Take Following a Florida Theme Park Injury?

If you or a loved one is injured at a Florida theme park, you should do the following to preserve your right to file a claim:

• Always seek immediate medical attention; even if the injury seems minor, a medical professional must evaluate you.  
• Always report the incident to a staff member at the theme park and request an official accident report.
• Document the condition of the ride equipment, your injuries, and any faulty equipment. If there were witnesses, write down contact information.
• Preserve any relevant evidence, such as clothing or other items that might be relevant to how the injury occurred.
• Take photographs of any faulty equipment, witnesses, injuries, and other relevant details.
• Never agree to give a recorded statement to the theme park’s insurance representatives before you have had a chance to speak with your own personal injury attorney.
• Keep a detailed journal of your treatments, symptoms, and the emotional impact your injuries have had on your day-to-day life.   

What Will Your Attorney Need to Know About the Injury?

Your attorney will try to determine whether defective equipment design or operation contributed to your injuries and whether warnings and eligibility criteria were adequate. While working to link your injuries to the ride and establish a breach of duty, your attorney will inspect maintenance logs to determine whether the system was functioning correctly.   

Contact an Orlando, FL Personal Injury Attorney

If you or a loved one suffered injury after riding a Florida theme park ride, you deserve answers, accountability, and compensation. A Kissimmee, FL product liability lawyer from The Doan Law Firm can help you get all those things. We have recovered billions for our clients and are available to take calls 24/7/365. We are exceptionally responsive and offer a free consultation by calling 407-289-0000 and contingency fee billing. Se Habla Español.