SeaWorld Parks & Entertainment LLC d/b/a Busch Gardens Tampa Bay v. Asmaa Abougamal, as parent and legal guardian of A.M., a minor
The Second District reversed a $5.3 million premises liability judgment and a $375,000 attorney's fee award against Busch Gardens, holding that a twelve-year-old ticketholder lost his business invitee status as a matter of law when he climbed onto a performance stage and a professional circus trampoline to engage in horseplay. Because the undisputed evidence established he was at most an uninvited licensee at the time of injury, and no evidence showed willful or wanton conduct or a discovered presence triggering a duty to warn, the trial court erred in denying the park's motions for directed verdict and for judgment notwithstanding the verdict. The court remanded for entry of judgment in favor of Busch Gardens, and the fee judgment predicated on the damages judgment fell with it.
Key facts
- A twelve-year-old boy attending the Howl-O-Scream event at Busch Gardens entered the Stanleyville Theater around midnight through a closed but unlocked door, when no show was underway, no employees were present, and the marquee showed the only CIRQUE X-Scream performance had been at 7:30 p.m.
- He descended twenty-two steps, climbed onto the elevated performance stage, and mounted a four-foot-high professional circus trampoline (designed to launch acrobats up to thirty feet) that had no attached ladder or steps.
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Holdings
- A business invitee who crosses the boundaries of the invitation loses invitee status and becomes, at most, an uninvited licensee or trespasser; the duty owed is fixed by the visitor's…
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Why it matters
This is a significant win for premises owners, particularly amusement, hospitality, and recreational venues, and a cautionary decision for plaintiffs' counsel. The Second District confirms that the… — full analysis with a trial
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