If A Person Falls In Front Of A Name-Brand Restaurant In A Theme Park...Who Does He/She Sue?

Law Blog

World-famous theme parks are about to be jam-packed with visitors from around the globe this summer. To accommodate all of these hungry tourists, the theme parks have built many of their own restaurants onsite, but they have also invited many name-brand restaurants to rent space on theme park property. If you step inside these restaurants for a bite or a drink, and then have a slip and fall accident, who do you sue? If this has happened to you early in this tourist season, you may need the following information when you meet with a personal injury lawyer.

A Waiver Of Liability Can Be Involved

Sometimes, the theme parks have you sign a visitor's contract in advance to your arrival in the park, especially if you plan to stay onsite and longer than a day. If you received a copy of that contract, read over the fine print again. You may have unwittingly waived your right to sue if you accepted responsibility for any injuries occurred while enjoying the park's many rides and attractions. This may extend to the restaurants as well, if the restaurants were within the park's boundaries. However, this may not be enforceable, so discuss the issue with your attorney.

Where You Fell Might Make A Difference

If there are exceptions to your visitor's rules and/or contract with regards to restaurants, they may be very specific exceptions. For example, if you fell just coming in or going out of a name-brand restaurant, you are right on the edge between the park's property and the restaurant's property. Even though the restaurant might only be renting the property, any point over the restaurant's threshhold might be considered the restaurant's property, and you should sue the restaurant. The reverse is also true; crossing the threshhold to the park's property outside of this restaurant may then be considered the park's property again, and park rules apply.

Determine What Caused You to Fall

Your lawyer will need to know what caused your fall. Did you fall because another park visitor shoved you and you fell, or did you step in a spilled drink on the floor? Did you slip because the restaurant just mopped up a mess and did not post a "wet floor" sign, or did heavy rains leave a puddle near the exit or entryway? While any one of these might be a legitimate reason for your fall, it is still important to know the reason so that your lawyer can defend your case properly (remember, he/she was not there when it happened, so he/she needs all the pertinent details of the event).

For more information, consider contacting someone who handles slip and fall cases, like Robert M Kaner Attorney.


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