Seaworld Faces Lawsuit Over Attack By Teens
A family has filed a lawsuit against Seaworld after they say they were attacked while standing in line by a group of unruly teens. At least one person in the group suffered injury, according to the complaint. It is unclear why the fight broke out, but the family says that Seaworld did nothing to stop the teenagers as the altercation unfolded. This resulted in injury to the guest.
Seaworld denies the claim saying that the family picked the fight with the teenagers and that they are not responsible for their injuries. Seaworld questioned the teens but allowed them to leave resulting in a second altercation in the parking lot. The family says they were on their way to the hospital to treat their injuries when the second altercation occurred. The family had asked Seaworld to walk them out but said the employee left once they reached their car, so no one was there during the second altercation.
Negligent security lawsuits
Negligent security lawsuits are premises liability lawsuits filed under a theory of negligent security. In cases where a guest is attacked by another guest, a determination must be made to establish whether or not the proprietor contributed negligence. In this case, the plaintiffs allege that Seaworld employees watched the matter unfold and did nothing to prevent an assault on the family’s members. Nor did Seaworld take any remedial action against the teens which led to a second altercation. Hence, the plaintiffs believe that Seaworld is liable for their injuries.
Seaworld has responded to the lawsuit by claiming that the family somehow provoked the teens. It is more likely that the family made comments on the teens’ unruly behavior and the teens did not appreciate the comments. This then provoked the teens to respond more aggressively, resulting in a battery on a family member. No criminal charges appear to have been filed in this case, and the extent of the patron’s injuries is unknown. In fact, the case file appears not to directly address the injuries at all. It is likely that the plaintiffs suffered very minor physical injuries from the incident and that’s why it’s not included in the pleading.
Nonetheless, the mere presence of a physical injury allows the plaintiffs to sue for emotional damages, psychiatric injuries, and general aggravation. The family can also file a lawsuit against the teens.
The response to the lawsuit is perfunctory. An attorney representing the defendants claims that the plaintiffs instigated the fight, but a jury is unlikely to believe that a family with small children provoked a fight with a group of teenagers. They might believe that the family scolded the teens for acting out in line. But that does not give the teenagers any right to physically attack the family. Nonetheless, if any member of the family laid hands on the teenagers first, Seaworld might have a point. Nonetheless, this suit feels like it’s tilting the plaintiff’s way, but an inability to establish serious injury may reduce their claim.
Talk to a Miami Personal Injury Attorney Today
If you have been injured at a theme park, the Miami personal injury attorneys at Payer Law can help you recover damages related to your injuries. Call today and we can begin preparing your claim immediately.