When a family takes their child to a trampoline park or indoor adventure center, they expect fun — not a phone call from a hospital or a coroner. Unfortunately, according to reports out of Port St. Lucie, that is exactly what one Fort Pierce family is now facing. A 6-year-old girl was allegedly killed in a go-kart crash at an Urban Air Adventure Park location, and her parents have filed a wrongful death lawsuit against the company. According to reports, additional lawsuits have been filed against the same brand in other cases, all raising concerns about safety and alleged negligence.
As a Florida trial lawyer who has represented families in the worst moments of their lives, I want to walk through what this kind of case can look like — what may have gone wrong, who could be held accountable, and what Florida families should understand about their legal rights when a child is killed at a commercial amusement facility.
What Happened
According to reports, a 6-year-old child from Fort Pierce, Florida was killed in a go-kart crash at an Urban Air Adventure Park location. Her family has filed a wrongful death lawsuit alleging serious safety failures, reportedly including issues with seat belts, age and height requirements, and the suitability of the kart for a small child. Reporting also indicates that other lawsuits have been filed against the same amusement park brand in different incidents, all alleged to involve safety concerns.
At this stage, these are allegations. No court has yet found the park liable. But the fact pattern — a small child, a fast-moving ride, and alleged failures in restraints and screening — is one that Florida wrongful death lawyers see all too often when commercial operators put throughput and revenue ahead of guest safety.
Who May Be Liable
In a case like this, more than one party could be legally responsible. Potential defendants may include:
- The amusement park operator. The company running the go-kart attraction may be liable for how it screens riders, enforces height and age limits, trains staff, maintains equipment, and responds to emergencies.
- The franchise owner or local licensee. Many adventure park brands operate through franchise agreements. The individual franchisee that owns and runs the specific location may share responsibility for on-the-ground safety decisions.
- The parent brand or franchisor. If the national company sets safety standards, training programs, or ride specifications, it could be liable for allegedly inadequate policies or oversight.
- The go-kart manufacturer or component makers. If a seat belt, harness, throttle, brake, or steering component allegedly failed, the manufacturer of the kart or its parts may be liable under Florida product liability law.
- Maintenance contractors. If an outside vendor was responsible for inspecting or servicing the karts, that vendor could share responsibility.
A thorough investigation is what determines which of these parties actually belongs in a lawsuit.
Legal Theories That May Apply
Several overlapping legal theories may apply in an incident like this:
- Wrongful death. Under Florida’s Wrongful Death Act, surviving family members may bring a claim when a death is caused by the wrongful act, negligence, default, or breach of contract of another.
- Negligence. The operator may be liable if it failed to use reasonable care in screening riders, enforcing height requirements, training staff, or supervising the attraction.
- Premises liability. Amusement parks owe a heightened duty of care to invited guests, including children, to keep the premises reasonably safe and to warn of hidden dangers.
- Negligent supervision and training. If employees were allegedly not properly trained to check restraints or refuse riders who did not meet safety criteria, the employer could be liable.
- Product liability. If a defective seat belt, harness, or kart component contributed to the death, the manufacturer could be liable under theories of design defect, manufacturing defect, or failure to warn.
- Negligent infliction of emotional distress. Family members who witnessed the crash may in some circumstances have their own claims under Florida law.
Damages Victims May Recover
No amount of money can replace a child. But Florida’s Wrongful Death Act does allow surviving family members to seek meaningful accountability through compensation. Depending on the facts, recoverable damages may include:
- Medical expenses incurred before death
- Funeral and burial expenses
- The parents’ mental pain and suffering from the loss of a minor child
- Loss of the child’s companionship, guidance, and society
- Loss of net accumulations to the child’s estate in some cases
- Punitive damages, where the conduct is proven to be grossly negligent or intentional
Florida law specifically recognizes that parents of a deceased minor child may recover for their mental pain and suffering — a category of damages that is not available in every state and that reflects how seriously Florida takes the loss of a child.
Evidence That Strengthens a Case
Cases against large commercial operators are won or lost on evidence. The sooner a family works with counsel, the more can be preserved. Important evidence in a go-kart or amusement park death case often includes:
- Surveillance and body-worn or on-ride video footage
- The go-kart itself, its seat belt, harness, and any electronic control data
- Maintenance logs, inspection records, and repair histories
- Employee training manuals, safety policies, and ride operation standards
- Height, age, and weight requirements and how they were communicated and enforced
- Prior incident reports, complaints, and any similar lawsuits against the operator or brand
- 911 calls, EMS records, and hospital records
- Eyewitness statements from other guests and staff
- Expert analysis from amusement ride safety engineers, biomechanical experts, and human factors specialists
- Regulatory filings and any inspections by state or local authorities
In Florida, evidence like ride cameras and internal reports can disappear quickly if a preservation letter is not sent right away.
What to Do Next
If your family has suffered a catastrophic injury or the loss of a loved one at an amusement park, trampoline park, water park, or go-kart facility, here are steps that generally protect your rights:
- Get medical care and follow through. Keep every bill, every record, and every discharge instruction.
- Preserve everything. Save wristbands, tickets, waivers, receipts, photos, and any video from your phone. Do not throw anything away.
- Do not give a recorded statement to the park’s insurer or risk management team before speaking with a lawyer. What you say can and will be used to reduce or deny your claim.
- Be careful with waivers. Many parks require guests to sign liability waivers. Under Florida law, waivers signed by a parent on behalf of a minor for commercial activities are not always enforceable, and waivers generally cannot excuse gross negligence.
- Watch the deadlines. Florida generally imposes a two-year statute of limitations on wrongful death claims. Product liability and other claims have their own deadlines. Missing them can end a case before it starts.
- Talk to a Florida wrongful death lawyer early. Evidence preservation letters, ride inspections, and expert retention should happen quickly.
If your family is grieving after a preventable tragedy at a commercial amusement facility, you do not have to face the corporate defense machine alone. At Dean Law Firm LLC, Managing Attorney Michael E. Dean and our team stand with Florida families demanding accountability for catastrophic injuries and wrongful death. Call (352) 820-6323 for a free Florida case evaluation — no fees unless we win. You can also learn more at https://deanfirm.com.
Frequently Asked Questions
Can I sue an amusement park in Florida if my child was killed on a ride?
Yes. Under Florida’s Wrongful Death Act, the personal representative of the child’s estate may bring a claim on behalf of the surviving parents. If negligence, defective equipment, or inadequate safety enforcement is alleged, the park and other parties may be liable. An attorney can evaluate which defendants belong in the case.
Does a signed waiver stop me from suing after a go-kart death?
Not necessarily. Florida courts have limited the enforceability of pre-injury waivers signed by parents on behalf of minor children in commercial recreational settings, and waivers generally cannot bar claims for gross negligence or defective products. Each waiver must be reviewed carefully in light of the facts.
How long do I have to file a wrongful death lawsuit in Florida?
Florida generally requires wrongful death lawsuits to be filed within two years of the date of death. Product liability claims and claims against government entities can have shorter or different deadlines. Because deadlines are strict, families should speak with a lawyer as soon as possible.
Who can recover damages when a child dies in Florida?
Under the Florida Wrongful Death Act, both parents of a deceased minor child may generally recover for their mental pain and suffering, along with medical and funeral expenses and other losses. The claim is brought through the personal representative of the child’s estate. A lawyer can help identify each eligible survivor.
What if the go-kart’s seat belt or harness allegedly failed?
If a restraint system allegedly failed, product liability claims may be brought against the manufacturer of the kart or the specific component. These cases often require engineering experts to examine the physical evidence. This is one reason preserving the kart and its parts is so important.
The park says the accident was the child’s fault. Is that a defense?
Defendants often try to shift blame, but Florida uses a comparative fault system, and small children are generally held to a much lower standard of care than adults. If the park allegedly failed to enforce height, age, or safety rules, that failure may outweigh any suggestion that the child did something wrong. An attorney can push back on unfair blame-shifting.
How much does it cost to hire a wrongful death lawyer in Florida?
Most Florida wrongful death attorneys, including Dean Law Firm LLC, work on a contingency-fee basis. That means there is no upfront cost and no legal fee unless we recover compensation for your family. Grieving families should never feel priced out of accountability.
What if this same amusement park brand has been sued before?
A pattern of alleged prior incidents or lawsuits can be powerful evidence of notice — meaning the company knew or should have known about a risk and failed to fix it. Prior lawsuits, complaints, and internal reports are routinely subpoenaed in cases like these. Your attorney can investigate the operator’s full safety history.
Original reporting: cbs12.com.
