The surviving family of a woman who was injured on the Jungle Cruise ride at Walt Disney World has filed a wrongful death suit against the Central Florida theme park operator, even though the woman was nowhere near death when she left the park on the date of her accident. To a typical layperson, this scenario might not seem right. But, as a Florida theme park injury lawyer, I think the law on this issue is completely fair and reasonable. According to WFTV.com, the decedent was a mother who broke her leg trying to safely hold her daughter while she entered the Jungle Cruise ride. Her family believes that someone at Disney should have helped her board, and that their failure to do so represented negligence that was the legal cause of the woman’s original leg injury. The original leg injury was significant, and required the injured woman to be taken from Disney by ambulance to a local hospital. Her leg required surgery, and less than 24 hours after returning home after her surgery, the young mother suffered a pulmonary embolism (a blood clot) that killed her. Under Florida law if the clot is related to the woman’s surgery, and the surgery was required as a result of Disney’s original negligence, then Disney can be held liable for the wrongful death of the mother — and therefore might have to pay damages to the woman’s surviving husband and children. Any other result would not fairly compensate victims of negligence. Negligence only has to be one of the causes of the ultimate harm, not the only cause, in order for the careless person to be held liable. If you have any questions regarding a Florida wrongful death case, a theme park accident, or Florida’s intervening cause law, contact Winter Park personal injury lawyers Kim Cullen and Robert Hemphill at...Read More »
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