When families visit indoor adventure parks, trampoline centers, and go-kart tracks in Florida, they trust that the operators have designed the experience to keep young children safe. When that trust is broken and a child is killed, the pain is unimaginable — and the legal questions that follow are urgent and complicated. A recently filed lawsuit involving the death of a 6-year-old girl at a Port St. Lucie adventure park has once again put the spotlight on child safety at Florida’s entertainment venues. From our perspective as Florida trial lawyers who handle catastrophic injury and wrongful death cases, here is what families should understand.
What Happened
According to reports, a 6-year-old child visited a trampoline and adventure park in Port St. Lucie in December 2025 with her mother and older sister. The little girl was reportedly seated as a passenger in a two-seat electric go-kart with her mother, while her sister rode a single-seat kart. During the ride, the double-seat kart allegedly accelerated to a high speed and struck a wall on the track. The child suffered devastating injuries, was transported to a nearby hospital, and later died.
Her parents have now filed a wrongful death lawsuit against the park’s operators. The complaint alleges that multiple safety protocols were ignored and that the child — at roughly 50 inches tall — was allowed to ride despite being significantly shorter and younger than the go-kart manufacturer’s stated minimum requirements. Public reporting also indicates that the Florida Department of Agriculture and Consumer Services previously reached a $300,000 settlement with the park following its own investigation into the fatal incident. The park has declined to comment publicly, citing the pending litigation.
Nothing in this article is a finding of fault. The allegations described are the family’s claims, and the operator is entitled to defend itself. But the pattern — a small child, a fast ride, alleged disregard of manufacturer height and age minimums — is a scenario every Florida parent should understand.
Who May Be Liable
In a case like this, several categories of defendants may be liable depending on the evidence:
- The adventure park operator. The business that owns, operates, and staffs the attraction has a legal duty to enforce safety rules, follow manufacturer specifications, train employees, and warn visitors of hidden dangers.
- The corporate franchisor or parent company. National family entertainment brands often set operational standards for local franchises. Depending on the franchise agreement and the level of control exercised, a corporate parent could be liable.
- Ride and equipment manufacturers. If a go-kart, its braking system, throttle, restraints, or software contributed to the crash, the manufacturer or distributor may be liable under product liability theories.
- Maintenance contractors. Third parties responsible for inspecting or servicing the karts and track could share responsibility if their work was allegedly deficient.
- Individual employees or managers. In rare cases, individuals whose conduct was grossly negligent may also be named.
Again, whether any of these parties could be liable in a specific case depends on discovery — the sworn testimony, internal documents, and expert analysis that come out during litigation.
Legal Theories That May Apply
Several legal theories often appear in cases like this one:
- Wrongful death. Under Florida’s Wrongful Death Act (Fla. Stat. §§ 768.16–768.26), surviving family members may bring a claim when a death is caused by another’s wrongful act, negligence, or breach of contract.
- Negligence. Failing to enforce height, weight, or age requirements, failing to train staff, and failing to maintain equipment can all support a negligence claim.
- Premises liability. As business invitees, paying guests are owed the highest duty of care, including the duty to inspect for and correct dangerous conditions.
- Negligent supervision and training. If ride operators were inadequately trained or supervised, the employer may bear responsibility.
- Product liability. If a defect in the go-kart’s design, manufacture, or warnings contributed to the incident, strict liability may apply to the manufacturer and sellers.
- Negligent misrepresentation. Marketing an attraction as family-friendly while allegedly ignoring the safety rules that make it so could, in some circumstances, support this theory.
- Gross negligence supporting punitive damages. Where conduct rises to a conscious disregard for safety, punitive damages may be available under Florida law.
Damages Victims May Recover
No verdict can undo the loss of a child. But Florida law recognizes several categories of damages that a court may award in a wrongful death case:
- Medical and hospital expenses incurred before death.
- Funeral and burial expenses.
- The parents’ mental pain and suffering from the date of injury forward — a category specifically recognized for the loss of a minor child under Florida’s Wrongful Death Act.
- Loss of the child’s companionship, guidance, and society.
- Lost support and services the decedent would have provided, where applicable.
- Punitive damages, where the evidence shows intentional misconduct or gross negligence.
Damage awards are highly fact-specific, and Florida law places certain limits and procedural requirements on how these claims are brought. An experienced wrongful death lawyer can walk a family through what applies to their situation.
Evidence That Strengthens a Case
Cases involving amusement rides and adventure parks turn on the details. The evidence that often matters most includes:
- Surveillance and body-cam or GoPro-style footage of the ride and staff interactions.
- The go-kart’s electronic control data, speed logs, and maintenance records.
- Manufacturer manuals, height and age recommendations, and safety bulletins.
- Internal training materials, employee handbooks, and incident reports.
- Prior complaints, near-misses, or code violations at the same location.
- Regulatory records — such as inspection files or settlement documents from state agencies.
- Eyewitness statements from other guests and off-duty staff.
- Medical and autopsy records establishing the mechanism of injury.
- Expert analysis from mechanical engineers, amusement-safety specialists, and human factors experts.
Preserving this evidence quickly matters. Video is often overwritten, and equipment can be repaired or replaced in ways that destroy critical proof.
What to Do Next
If your family has suffered a serious injury or lost a loved one at a Florida adventure park, trampoline center, go-kart facility, water park, or similar venue, a few conservative steps can protect your rights:
- Get and keep every medical record. These documents establish the extent of the harm.
- Preserve physical evidence. Save wristbands, receipts, waivers, photos, and any video you or other guests captured.
- Do not give a recorded statement to the venue’s insurer or sign anything without first speaking with an attorney. Adjusters often reach out quickly, and early statements can be used against families later.
- Send a preservation letter. An attorney can immediately demand that the business retain surveillance video, ride data, and maintenance records.
- Watch the deadlines. Florida’s statute of limitations for wrongful death is generally two years from the date of death, and shorter deadlines may apply if a government entity is involved.
- Be careful on social media. Defense lawyers routinely monitor grieving families’ posts.
If you or a loved one has been catastrophically injured — or if you have lost a child or family member — at a Florida entertainment venue, the team at Dean Law Firm LLC is here to listen. Call (352) 820-6323 for a free, confidential case evaluation, or visit https://deanfirm.com. You will speak with people who understand what your family is facing and who will fight to hold the responsible parties accountable.
Frequently Asked Questions
Can I sue a Florida adventure park if my child was hurt on a ride?
Yes, you may have a claim if the park allegedly failed to enforce safety rules, train staff properly, or maintain equipment. Florida law imposes a high duty of care on businesses that invite paying customers onto their property. An attorney can evaluate the specific facts and determine whether the park could be liable.
Does signing a waiver at the entrance mean I cannot sue?
Not necessarily. Florida courts scrutinize liability waivers carefully, and pre-injury releases signed by a parent on behalf of a minor child are often unenforceable for negligence claims involving that child. Waivers also generally cannot shield a business from gross negligence or intentional misconduct.
How long do I have to file a wrongful death lawsuit in Florida?
Florida’s wrongful death statute of limitations is generally two years from the date of death. Certain circumstances — such as claims against government entities or evidence of fraudulent concealment — can shorten or alter that deadline. Because these rules are strict, families should speak with a lawyer as soon as they are able.
Who is allowed to bring a wrongful death claim for a child in Florida?
Under the Florida Wrongful Death Act, the personal representative of the deceased child’s estate files the lawsuit on behalf of the surviving family. Parents of a deceased minor child may recover for their mental pain and suffering and for loss of companionship. An attorney can help the family open an estate and identify the proper personal representative.
What if the state already fined or settled with the business?
A regulatory settlement with an agency like the Florida Department of Agriculture and Consumer Services does not replace or bar a family’s civil claim. Those are separate proceedings with different burdens of proof and different remedies. In fact, regulatory findings can sometimes serve as powerful evidence in a civil case.
Can I recover punitive damages in a Florida wrongful death case?
Possibly. Florida law allows punitive damages when there is clear and convincing evidence of intentional misconduct or gross negligence — meaning a conscious disregard for the safety of others. Whether punitive damages could be available in a particular case depends heavily on what the evidence reveals during discovery.
What does it cost to hire a wrongful death lawyer?
Most Florida personal injury and wrongful death attorneys, including Dean Law Firm LLC, work on a contingency fee. That means there is no upfront cost, and the firm is only paid if there is a recovery. Grieving families should never feel priced out of holding a negligent business accountable.
What should I do right now if my family was harmed at a Florida entertainment venue?
Focus first on your family’s medical care and emotional wellbeing. Preserve any photos, videos, receipts, and records you have, and avoid speaking with the business’s insurance company before consulting counsel. Then reach out to a wrongful death attorney who can move quickly to secure evidence before it disappears.
Original reporting: wptv.com.
