Theme Park Accidents and Pre-Existing Medical Conditions

The legal concept of the “pre-existing medical condition” is extremely unfriendly to consumers. Your health insurance policy can refuse to cover medical treatment that arises from a chronic illness that you have had since before you bought the insurance policy. If you file a car accident claim, the insurance claims adjuster, pretending to commiserate about the vicissitudes of old age while waiting for a screen to load on her computer as you give a recorded statement about the accident, will invite you to complain about your aches and pains, so the insurance company can use your statement as an excuse not to cover your medical bills by arguing that they are due to your pre-existing medical condition instead of due to the accident. Unfortunately, the same applies to all personal injury claims, including premises liability, and even when the injuries are severe. If you got seriously injured at a theme park or other place of business, and you need help persuading the company’s commercial liability insurance that your injuries are because of the accident instead of due to a pre-existing chronic illness, contact a Fort Lauderdale premises liability lawyer.

Man With Spinal Condition Dies While Riding Rollercoaster at Universal Orlando

In September 2025, Kevin Rodriguez Zavala visited Universal Orlando and rode the Stardust Racers rollercoaster. Guests are not allowed to bring cell phones or cameras on the ride, so there is no record of what happened next, but by the time the ride ended, Zavala was unresponsive. He was transported to the hospital, where he was pronounced dead. The medical examiner listed the cause of death as “multiple blunt injuries” and determined that Zavala’s death was an accident. He was 32 years old.

A statement by Universal Orlando’s leadership said that the ride was functioning properly while Zavala was riding; it reopened to the public the next day. Zavala’s girlfriend said that Zavala had a spinal condition and was taking medication for it, but the press released only a redacted version of her statement, so few details about Zavala’s health shortly before the ride are available.

News reports have not said anything about possible litigation arising from Zavala’s death, but his surviving family members have the right to file a wrongful death lawsuit against the parties associated with the Stardust Racers rollercoaster. The obvious choice of defendant is Universal Orlando, which, pursuant to premises liability laws, is responsible for ensuring that their rides are in safe condition and that guests’ safety harnesses function properly. They might also have a product liability claim against Mack, the manufacturer that built the rollercoaster. Zavala’s spinal condition may or may not affect the outcome of any wrongful death claims that his family might file.

Set Up a Consultation Today

A personal injury lawyer can help you get justice after a preventable accident at a theme park, even if you have a pre-existing medical condition.  Contact Boone & Davis in Fort Lauderdale, Florida or call 954-566-9919 to explore your potential recovery options today.

Source:

ew.com/epic-universe-rider-death-universal-boss-memo-ride-systems-functioned-11814300