A Florida appellate court has reversed a negligence judgment against SeaWorld Parks & Entertainment, LLC, which operates Busch Gardens Tampa Bay. The case involved a minor, A.M., who sustained serious injuries after jumping from a professional circus trampoline at the theme park. The court's decision, issued on September 9, 2026, is significant as it clarifies the responsibilities of theme parks regarding visitor safety and liability.
The District Court of Appeal of Florida ruled on the appeal following a trial court judgment that awarded damages to A.M.'s mother, Asmaa Abougamal, for negligence. The court found that the trial court had erred in denying Busch Gardens' motions for a directed verdict and for judgment notwithstanding the verdict. This ruling means that Busch Gardens is not liable for the injuries sustained by A.M., which occurred when he jumped on the trampoline during a Halloween event at the park.
The dispute began when A.M. and his friend entered the Stanleyville Theater at Busch Gardens on the night of September 23, 2022. They accessed the theater through a closed but unlocked door and found no show in progress. A.M. climbed onto the stage and jumped on a trampoline designed for acrobatic performances. After jumping several times, he attempted to dismount and landed face-first on the ground, resulting in serious injuries including a laceration to his chin and internal injuries.
Abougamal filed a premises liability action against Busch Gardens on March 10, 2023, claiming that the park had breached its duty to ensure A.M.'s safety, leading to his injuries. During the four-day jury trial held in November 2024, evidence was presented regarding the circumstances of the incident, including the presence of warning signs throughout the park prohibiting horseplay and the use of props.
The jury ultimately found Busch Gardens negligent and awarded A.M. over $8 million in damages, attributing 65% of the fault to the park, 25% to A.M., and 10% to his mother. Following the verdict, the trial court also awarded attorney's fees and costs to Abougamal based on an unaccepted proposal for settlement.
In its ruling, the appellate court, led by Judge Black, stated that A.M.'s status changed from that of a business invitee to an uninvited licensee or trespasser when he climbed onto the stage and trampoline. The court noted, "No reasonable person would believe that the ticket to Howl-O-Scream constituted an invitation onto the elevated performance stage and professional trampoline." The court emphasized that A.M. was aware he should not be on the trampoline and had felt like he was sneaking onto the stage.
The court concluded that Busch Gardens had no duty to protect A.M. from his own actions, which included engaging in horseplay on the trampoline, a violation of the park's rules. It also noted that the park had no prior knowledge of visitors jumping on the trampoline and that A.M.'s injuries were not due to any negligence on the part of Busch Gardens.
This ruling is significant for theme parks and similar venues as it clarifies the legal responsibilities they hold regarding visitor safety. The court's decision reinforces that visitors must adhere to park rules and that operators are not liable for injuries resulting from violations of those rules. The ruling sets a precedent that could influence future cases involving similar circumstances.
Following the appellate court's decision, the case has been sent back to the lower court for entry of judgment in favor of Busch Gardens, effectively nullifying the previous awards to Abougamal. The court also reversed the judgment for attorney's fees and costs, stating that such awards are dependent on the underlying judgment.
As of now, it is unclear if there will be any further appeals in this case. The court's ruling appears to close the door on this particular matter, but it may prompt discussions about safety regulations and visitor responsibilities at amusement parks in the future.