Injured at Lake Eola Park?

James D. Payer | October 2, 2024 | Personal Injury

Lake Eola Park is a public park located in the heart of Orlando, Florida. It features many activities available to attendees, such as renting swan-shaped paddle boats, going to concerts, bird-watching, and admiring beautiful flower beds. Although many people have enjoyed the benefits of this park, people still suffer injuries there from time to time.

What Types of Injuries Are Likely to Occur at Lake Eola Park?

Many types of injuries occur at Lake Eola Park. Below is a list of some of the most common accidents:

• Bicycle or Scooter Accidents: Vehicle collisions or falls from bicycles or scooters are commonplace, as are collisions with pedestrians.
• Dog Bites: Lake Eola Park is a dog-friendly park, resulting in occasional dog bites. Unsupervised children are especially prone to dog bites here. 
• Near-Drowning or Drowning: Injury or even death can occur if someone (especially a child) falls into the lake. Be extra careful if you can’t swim.
• Dehydration or Heat Exhaustion: This is a particular risk during summer months. Nevertheless, it can happen most months of the year in a warm climate like Orlando’s. 

The foregoing list covers only a small fraction of the types of injuries that have happened or could happen at Lake Eola Park.

How Can I Bring a Lawsuit Against the City of Orlando for My Injury at Lake Eola Park?

The City of Orlando owns Lake Eola Park, which the local Department of Parks and Recreation operates. Since Orlando is part of the Florida state government, lawsuits against the city must comply with the terms of the Florida Tort Claims Act. Under this Act, personal injury victims can sue the city for personal injury under certain circumstances. 

To sue Orlando, however, you must comply with specific rules:

• You must file a Notice of Claim against the City of Orlando, providing precise information about your claim.
• You must wait up to 180 days for the city to either accept or reject your claim. If they fail to contact you for 180 days or reject your claim earlier, you can file a lawsuit. 
• In court, you can only seek $200,000 per person and $300,000 per accident from state coffers.

Other complications might also apply to suing the government. You can negotiate your claim, and most people with claims against the government reach a negotiated settlement. 

What Kinds of Claims Could Be Available to Me?

Premises Liability Claims

The park is not necessarily responsible for every accident that occurs on park grounds. It can be held responsible, however, for dangerous conditions on park grounds that the City of Orlando should have corrected or warned of. If you suffer injury because of a dangerous condition on park grounds that the park should have corrected, you can file a premises liability claim. 

Following are some examples of potential premises liability claims in Lake Eola Park:

• Uneven sidewalks
• Poorly maintained bike paths
• Lack of warning signs about potential hazards to cyclists and pedestrians
• Lack of adequate fencing or barriers around the lake
• Injuries caused by poorly-maintained park equipment
• Lack of conspicuous signage prohibiting swimming
• Objects falling from trees
• Inadequate security, resulting in criminal acts

Not all of the foregoing claims will generate liability under every circumstance. A court might decide, for example, that the park is not obligated to put up fencing around a lake. 

Claims Against Third Parties

Certain types of claims, such as dog bite claims, are probably not the park’s fault. If not, you can sue an individual. In a dog bite claim for example, you might be able to collect under the dog owner’s homeowners’ insurance policy.

Wrongful Death Claims

If someone dies in the park (by drowning in the lake, for example), the victim’s estate executor might be eligible to file a wrongful death lawsuit. Although the rules for wrongful death lawsuits are different from the rules for personal injury claims, compensation for successful wrongful death claims tends to be very substantial.

An Orlando Personal Injury Lawyer Can Set You on the Path to Justice

If you suffer a substantial personal injury at Lake Eola Park, don’t try to handle it on your own. If you do, you will be literally fighting city hall. Consult with an Orlando personal injury lawyer. Under the contingency fee system that most personal injury lawyers use, you won’t even owe attorney’s fees unless you win.

Contact Our Orlando Personal Injury Law Firm For Help Today

If you’ve been injured in an accident in Orlando, Florida, and need legal help, contact our experienced Personal Injury lawyers at Payer Law Personal Injury Lawyers to schedule a free consultation today.

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