Asmaa Abougamal vs.  Seaworld Parks & Entertainment LLC

Case Background

On March 10, 2023, Plaintiff Asmaa Abougamal filed a premises liability lawsuit in the Circuit Court of Hillsborough County, Florida State (Case Number: 23-CA-002175). Judge Melissa M. Polo presided over the case. This theme park injury lawsuit emphasized the need for strict safety protocols in amusement park environments to prevent such incidents.

Cause

On September 23, 2022, a serious theme park injury occurred at Busch Gardens Tampa Bay, located at 3000 East Busch Boulevard in Tampa, Florida. A minor visitor, A.M., entered the amusement park under normal circumstances. SeaWorld Parks & Entertainment LLC, the facility’s operator, left a unsecured staging area. The danger became apparent when A.M. accessed an unsupervised trampoline on the stage. Due to the lack of proper theme park safety measures, the minor fell onto a metal object, sustaining a significant amusement park injury. This incident revealed major lapses in theme park safety protocols, raising concerns about the supervision and security provided to visitors.

Injuries

The theme park injury caused severe harm to the minor. The fall onto the metal object resulted in trauma to multiple areas of the minor’s body and extremities. This amusement park accident required immediate medical intervention and ongoing treatment due to the severity of the injuries. The theme park negligence that caused the incident highlighted the risks associated with unsecured areas and accessible equipment in amusement parks. These injuries fundamentally altered the minor’s quality of life and emphasized the consequences of lapses in visitor safety at such venues.

Damages

The amusement park accident resulted in significant damages beyond immediate medical expenses. The minor incurred substantial costs for medical treatments related to the theme park injury. The incident caused physical and emotional pain, permanently impacting the minor’s quality of life. This theme park injury lawsuit highlighted the lasting effects of inadequate safety measures, including permanent bodily injury and diminished life enjoyment. The minor faced ongoing medical needs and future limitations, adding to the financial and emotional burden caused by the amusement park’s negligence.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Asmaa Abougamal
    • Counsel for Plaintiff: Kayan Bora Sabih | Paul Bryan Fulmer III | Grant Reilly Gillenwater
  • Defendant(s): Seaworld Parks & Entertainment LLC d/b/a Busch Gardens Tampa Bay
    • Counsel for Defendants: Passion Carmel Wells

 Claims

The legal claims in this theme park injury lawsuit centered on allegations of negligence against SeaWorld Parks & Entertainment LLC. The premises liability claim identified several failures in amusement park safety protocols. The Defendant failed to adequately secure or maintain the stage area where the amusement park injury occurred. Park operators neglected to inspect or block access to the dangerous area, allowing visitors to encounter a hazardous condition. Moreover, the Defendant failed to provide warnings about the risks posed by the unsecured stage, despite their duty to protect guests. The theme park negligence claim argued that the operators’ superior knowledge of the risks obligated them to address or warn about such hazards

Defense

SeaWorld Parks & Entertainment LLC likely relied on several defenses against the theme park injury lawsuit. The Defendant might have argued that they maintained reasonable safety standards throughout the amusement park. This included routine inspections of the stage area. The defense may have contended that the minor accessed a restricted zone. Despite existing barriers or warning signs, this amounted to trespass or unauthorized access.

The Defendant also likely asserted comparative negligence, arguing that the minor’s guardian failed to provide proper supervision during the visit. They may have claimed that adequate oversight could have prevented the minor’s access to the trampoline. Additionally, the defense could have disputed causation by suggesting that the injuries stemmed from the minor’s actions rather than any amusement park negligence.

SeaWorld Parks & Entertainment LLC might have presented evidence of existing safety protocols, inspection records, and security measures to demonstrate their commitment to amusement park safety. They also may have argued assumption of risk, suggesting that visitors inherently accept certain risks in entertainment venues.

Jury Verdict

On November 20, 2024, the jury determined that Busch Gardens had been negligent. This negligence directly caused the amusement park injury and damages to the minor Plaintiff, A.M. Comparative negligence also played a role in the theme park injury lawsuit. The jury assigned 65% of the negligence to Defendant Busch Gardens, 25% to A.M., and 10% to the Plaintiff Asmaa Abougamal.

The jury awarded $154,350.75 for future medical expenses stemming from the amusement park accident. Additionally, they granted $4,000,000.00 for past pain and suffering, disability, disfigurement, and loss of life enjoyment. Another $4,000,000.00 was awarded for future damages in the same categories. The total damages amounted to $8,154,350.75 in a Theme park Injury lawsuit.

Court Documents:

Available Upon Request