By their very nature carnivals, and therefore their employees, are transient. As a result, oftentimes carnivals employ workers with “issues”. In the cases we have handled, we have discovered children’s rides which were operated by workers with criminal histories, substance abuse histories, and both. Similar individuals may be responsible for the setup and “safe operation” of the rides. According to the National Consumer Product Safety Commission, an estimated 7,000 people are treated in emergency rooms each year for injuries they sustained in amusement park rides. Unfortunately, most fair patrons are not privy to this information. These issues are further complicated by the fact that the rides are routinely disassembled, moved, and re-assembled, thereby increasing the opportunity for a safety error to occur.

As an educated consumer, there are certain affirmative measures you can take to attempt to ensure that your day at the fair remains fun. First, check the carnival operator’s accident history. In Florida, the Bureau of Fair Rides Inspection is responsible for inspecting amusement rides at temporary events (fairs, carnivals, and festivals) as well as permanent amusement parks for structural and operation integrity. Traveling amusement companies are required to be inspected each time they set up. The Bureau also investigates accidents involving amusement ride patrons and investigates when those rides may be unsafe for use. The Bureau may be contacted at (850) 488-9790.

Once you arrive at the carnival, inspect the park. If it is not well maintained, it may be an accurate reflection of how well-maintained the rides are. Assess the appearance of the ride. If it is rusty, poorly lit, or malfunctioning, it may be wise to take a pass. It is equally important to assess the conduct of the ride operator. First and foremost, make sure they are simply aware of their surroundings. If he looks like he is out of it, he probably is. While in line, see how the ride operator conducts himself. Is he paying careful attention to the ride and the patrons? Is he making certain that the safety rules are being followed? Is he operating more than one ride at a time?

Following these basic suggestions will help decrease your risk of danger. Stay safe, stay smart, and enjoy the ride!

Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.