Orlando, FL — Wrongful Death Trial Begins for Fatal Theme Park Accident

5Dec

Orlando, FL (December 5th, 2024) – Trial has started in the wrongful death case of 14-year-old Tyre Sampson, who died at an Orlando theme park in 2022. The lawsuit seeks to hold the ride manufacturer liable for their role in causing the fatal accident.

The teen, who was approximately six foot two and weighed 380 pounds, slipped from his seat on the drop tower ride at ICON Park. He was suspended from the 430-foot-tall ride when he fell to his death. The maximum allowed weight for the ride was reportedly 287 pounds. 

The accident prompted Sampson’s family to file wrongful death lawsuits against multiple parties who were involved in the ownership and operation of the ride. Some of the cases settled out of court last year, but Funtime, the ride’s Austrian-based manufacturer, decided not to settle. 

Since this fatal theme park accident, the ride at ICON Park has been dismantled.

Understanding Defective Theme Park Rides and Their Risks

Theme parks, such as the ICON Park in Orlando, are designed to provide entertainment and excitement. When safety measures fail, however, tragic accidents can happen. Park ride malfunctions may result in serious injuries or death for park-goers. 

Various factors can result in theme park rides malfunctioning. Some of the most common of these include:

  • Mechanical Failures: Malfunctioning parts, such as broken chains, loose bolts, or hydraulic failures, can lead to catastrophic consequences.
  • Design Flaws: poorly designed rides with inherent safety risks can contribute to accidents.
  • Maintenance Negligence: Inadequate or delayed maintenance can exacerbate existing problems and create new hazards.
  • Operator Error: Human error, such as improper operation or disregard for safety protocols, can cause accidents.

When theme park accidents leave people seriously injured, or mourning the unexpected loss of a family member who was killed, legal options may be available to allow victims to recover compensation for their losses. With help from a Clearwater personal injury lawyer, plaintiffs may seek to hold the at-fault parties financially responsible for their medical bills, lost wages, and pain and suffering damages.

The Drop Tower Ride

In the case of the drop tower ride at ICON Park, multiple factors may have played a role in the victim’s death. First, the teen exceeded the ride’s maximum allowed weight of 287. He was not subject to any posted height or weight restrictions for the ride, however.

The lawsuit also points to a significant design flaw of the ride. It only had an overhead restraint, which allowed the teen to slip from his seat. Many free-falling rides have both a seatbelt and an overhead harness. The lawsuit claimed it would have cost $660, or $22 per seat, to install seatbelts on the ride.

Wrongful Death Claims Linked to Ride Malfunctions in Florida

Accidents occurring due to ride malfunctions at Florida theme parks can transform a dream family vacation into a nightmare. When defective rides result in fatal theme park accidents, the families left behind may pursue action through wrongful death claims. Such lawsuits allow them to seek compensation from the liable parties for their losses.

Who Is Liable for Theme Park Ride Accidents?

Determining theme park liability can involve multiple parties. Theme park owners and operators, for example, are responsible for ensuring the safety of their rides, including conducting proper maintenance, inspection, and operation. The maintenance companies who are responsible for inspecting and maintaining rides may also be held liable, in cases when their negligence contributes to such accidents.

Ride manufacturers can be held liable for defective design, manufacturing errors, or failure to warn about risks. The recent lawsuit involving the ride at ICON Park was filed against the manufacturer of the ride. The teenager’s parents also filed lawsuits against other parties that own or were involved in the operation of the ride. A number of those other cases were settled outside of court.

What Damages Can Families Recover for a Wrongful Death?

The families of those who have lost their lives due to a defective theme park ride may be eligible to recover various damages, including economic and non-economic damages. Economic damages in such cases may include lost wages, medical expenses, and funeral costs. The non-economic losses for which families may seek to recover compensation include pain and suffering, loss of companionship, and emotional distress.

In cases of gross negligence or reckless disregard for safety, the courts may award punitive damages. Punitive damages do not seek to make victims or their families financially whole for an associated loss. Rather, they are awarded to serve as punishment to the defendant and deterrence against future such misconduct. 

Navigating Florida’s Laws on Theme Park Accidents and Wrongful Death

Florida’s theme parks are a popular tourist destination. When accidents occur at these establishments, it’s essential for those involved to understand the state’s laws to help protect their rights to recovery.

Negligence is a key consideration in theme park accident cases. Operators of these establishments have a duty of care to ensure the safety of their guests. If negligence, such as inadequate maintenance, faulty design, or operator error, contributes to the accident, the park may be held liable.

In some cases, factors such as the state’s attractive nuisance doctrine or comparative negligence laws may play a role in fatal theme park accident cases. The attractive nuisance doctrine may apply in situations where hazardous conditions, like unsecured ride components, attract children or other individuals who may be injured. If park-goers share some responsibility for the accidents that result in their injuries or deaths, the state’s comparative negligence law may play a role in their cases. 

Due to the challenges of theme park accident cases, it’s often helpful for families to consult with an experienced wrongful death lawyer right away. An attorney who has experience handling such cases will help them investigate the accident to identify the liable parties, gather evidence to support their claims, negotiate with insurance companies to secure fair settlements, and, if needed, represent the rights and interests of victims or their families in court.

At Magazine & Light Law Group, we understand the heavy emotional and financial toll that injury and fatal accidents can take on victims and their families. Board-certified in family law, our dedicated attorney, Jim Magazine, has more than 30 years of experience helping people like you recover the compensation you need and deserve. To discuss your options, contact us today at 727-499-9900 for a FREE consultation.

James (Jim) Magazine is a Florida Board Certified Civil Trial lawyer who has spent his career helping injured victims. Jim is licensed to practice law in the State of Florida since 1990 and is also admitted to practice at the Appellate level and admitted to the United States Supreme Court.

Years of Experience: More than 30 years
Florida Registration Status: Active
Bar Admissions:
Clearwater Bar Association
West Pasco Bar Association

James (Jim) Magazine is a Florida Board Certified Civil Trial lawyer who has spent his career helping injured victims. Jim is licensed to practice law in the State of Florida since 1990 and is also admitted to practice at the Appellate level and admitted to the United States Supreme Court.

Years of Experience: More than 30 years
Florida Registration Status: Active
Bar Admissions:
Clearwater Bar Association
West Pasco Bar Association