TL;DR Summary
- Report the fall at First Aid and Guest Services right away and ask for an incident number.
- Photograph the area, your shoes, and your injuries; save your footwear in a sealed bag.
- Florida law gives most negligence victims two years to sue and uses a 51% fault bar.
- Repeated rain‑related slips may show “constructive knowledge” under Florida’s slip‑and‑fall statute.
If you or your child slipped on wet, painted pavement in Super Nintendo World (often called “Mario Land”) at Universal’s Epic Universe in Orlando, act fast. Get medical care, report the incident on‑site, and preserve evidence—especially your shoes and photos of the exact spot. Florida law requires most injured guests to prove the park knew or should have known about a dangerous condition (like a slick walking surface after rain), and claims usually must be filed within two years of the injury. (flsenate.gov)
What is Mario Land at Epic Universe and why are people talking about falls after rain?
Super Nintendo World is one of five themed lands inside Universal Orlando’s new Epic Universe park, which opened May 22, 2025. Guests enter through “portals” and can ride Mario Kart: Bowser’s Challenge, explore play areas, and shop Nintendo merchandise. Epic Universe’s debut and operations are well‑documented by major outlets and Universal itself.
After summer storms, visitors on social media have described slick spots near portals and Mario Kart areas. While those posts are anecdotal, they align with a known safety issue: smooth or painted exterior surfaces often become slippery when wet unless treated for traction. ADA design rules require accessible routes to be “stable, firm, and slip resistant,” but they do not mandate a specific friction number. (ada.gov)
How do rainy‑day slip hazards typically happen in theme parks?
Wet conditions reduce traction on smooth or painted concrete. Industry guidance shows:
- OSHA requires walking surfaces to be kept clean, dry “to the extent feasible,” with drainage and mats where wet processes are used.
- ADA standards say surfaces on accessible routes must be slip resistant (no universal number specified).
- Common tests measure traction, including ANSI A326.3 DCOF and ASTM E303 pendulum (PTV). NFSI B101.3 suggests action thresholds for wet DCOF (e.g., <0.30 needs intervention).
What is Dynamic Coefficient of Friction?
- Dynamic Coefficient of Friction (DCOF): A measure of how slippery a surface is while moving.
- Transitory foreign substance: Liquids or materials (like rainwater) on the floor where they don’t belong. (casemine.com)
How does Florida’s slip‑and‑fall law work at a place like Epic Universe?
Florida Statute §768.0755 governs “transitory foreign substance” falls in business establishments. To win, a guest must prove the park had actual or constructive knowledge of the dangerous condition and failed to fix or warn:
Constructive knowledge can be shown if the condition lasted long enough to be discovered, or if it happened regularly and was foreseeable.
In March 2023, Florida adopted modified comparative negligence (51% bar) and shortened the negligence filing deadline to two years for incidents on or after March 24, 2023. If you’re more than 50% at fault, you cannot recover.
Among adults 65+, falls cause ~3 million ER visits yearly and are a leading cause of injury and TBI; fall deaths have risen sharply over two decades. (cdc.gov)
Why is this important if I fell after a Florida rainstorm?
Because rain is common in Orlando, repeated reports of wet‑weather slips near the same spots may help show the condition “occurred with regularity,” satisfying constructive knowledge under §768.0755. Your photos, witness names, and weather records can make that case stronger.
What should I do right after a slip‑and‑fall in Mario Land?
Follow these steps on the day of the incident:
Step 1: Get care at First Aid and report it
Visit a First Aid station and ask for treatment; then report the fall at Guest Services and request an incident or case number. Epic Universe has First Aid and Guest Services near the entrance and Family Care Center.
Step 2: Document everything
- Take photos of the exact area (wide and close), your injuries, your wet clothing, and your shoes’ tread.
- Note the time, weather, and witnesses. Save receipts (Express Pass refunds, bandages, Uber to urgent care).
Step 3: Request video and maintenance records
As soon as possible, send a written request asking Universal to preserve CCTV for at least two hours before/after the fall, plus sweeping logs and prior‑incident data for that location. Repeated rain‑related slips can support foreseeability under §768.0755(1)(b).
Step 4: Talk to a lawyer before recorded statements
Florida’s two‑year clock runs fast and the 51% bar matters. Counsel can advise on notice, preservation, and testing.
What claims are possible in a rainy‑day theme‑park fall?
Transitory foreign substance (rainwater)
- What you must prove: Park had actual/constructive knowledge and failed to remedy/warn.
- Evidence: CCTV, sweep logs, prior similar incidents, weather records, wet‑floor signage.
- Statute: §768.0755.
Inadequate slip resistance or maintenance (surface too smooth when wet)
- Notes: ADA requires “slip resistant” accessible routes but doesn’t set a number; industry tests (ANSI A326.3, ASTM E303) and NFSI B101.3 thresholds can inform experts.
- Evidence: Expert tribometer/pendulum testing, specs, coating data, maintenance protocols.
“Mode of operation” alone
- Status: Florida courts have said §768.0755 removed a standalone “mode of operation” route for transitory‑substance cases; you still must prove knowledge.
Best Practices for proving a wet‑weather fall in Super Nintendo World
- Photograph the exact walking path, glare/sheen on paint, and any “Wet Floor” signs.
- Preserve footwear and request preservation of video the same day.
- Obtain weather records and identify other witnesses who slipped in the same area.
- Consider independent DCOF/pendulum testing through a walkway safety expert. (icc-es.org)
Common Mistakes to Avoid
- Not reporting to Guest Services or skipping First Aid: reduces documentation and delays diagnosis.
- Washing or wearing the shoes again: destroys crucial tread/contaminant evidence used in testing.
- Posting details online too soon: defense may use your words against you.
- Missing Florida’s two‑year deadline or ignoring the 51% fault bar.
Tools and Resources (evidence helpers)
| Resource | What it does | How it helps your claim |
|---|---|---|
| NOAA NCEI Local Climatological Data | Hourly rain/wind data near the park | Confirms wet conditions when you fell. (ncei.noaa.gov) |
| ADA 2010 Standards §302.1 | Requires slip‑resistant accessible routes | Frames “slip resistant” expectations (no magic COF number). (ada.gov) |
| ANSI/NFSI B101.3 (wet DCOF) | Action thresholds for wet floors | Expert can compare site results to thresholds. (blog.ansi.org) |
| ASTM E303 Pendulum (PTV) | Field test for slip potential outdoors | Validates traction on painted/exterior surfaces. (astm.org) |
| OSHA 1910.22 | Clean, dry, hazard‑free walking surfaces | Shows recognized safety practices re: wet areas and mats. (osha.gov) |
Joe I. Zaid & Associates is Here To Help If You’ve Been Hurt
We investigate theme‑park falls with urgency: we secure incident records, request video preservation, coordinate medical care, and retain walkway‑safety experts to test traction where appropriate. Our team evaluates Florida falls and, when needed, works with Florida‑licensed co‑counsel to file and litigate your case under Florida law. If you slipped in Mario Land after rain, contact us for a free case review today.
Key Takeaways
- Report, document, and preserve evidence immediately—especially your shoes and the exact location.
- Florida law requires proof of park knowledge; repeated rain‑related slips can help show foreseeability.
- You generally have two years to file and must stay under the 51% fault threshold to recover.
- Independent traction testing and weather records often make or break these cases.
Frequently Asked Questions
Q: Can I bring a claim if I fell because the ground was wet from rain? A: Yes, but you must show Universal had actual or constructive knowledge of the dangerous condition and didn’t fix or warn. Evidence of repeated wet‑weather slips in the same area may establish foreseeability.
Q: Do I still have a case if I was looking at my phone? A: Maybe. Florida uses modified comparative negligence. Your compensation drops by your percentage of fault, and you’re barred only if you’re more than 50% at fault.
Q: How long do I have to file? A: For negligence claims from incidents on or after March 24, 2023, Florida’s statute of limitations is two years. Don’t wait.
Q: What if Guest Services refunded my Express Pass—does that end my claim? A: No. A refund doesn’t resolve injury claims. Keep the receipt; it helps prove notice and timing.
Q: Should I keep my shoes? A: Yes. Seal them in a clean bag. Experts can test tread and contaminants and measure floor traction later.
Q: Will Universal have video of my fall? A: Many areas are covered by CCTV, but footage can be overwritten. Send a written preservation request quickly.
Q: Does the ADA guarantee a non‑slippery surface number? A: The ADA requires “slip resistant” surfaces but doesn’t set a specific coefficient. Experts use ANSI A326.3, NFSI B101.3, and ASTM E303 to assess conditions.
Q: Where do I report injuries in the park? A: First Aid and Guest Services can document the incident; ask for an incident number and copy if available.
Q: Do repeated social media complaints matter? A: They can point your lawyer to witnesses and dates, but official incident logs, maintenance records, and video carry more weight to prove “regularity” under §768.0755.
Q: My parent (65+) fell—does age affect the claim? A: It can affect injury severity and damages. Falls are a leading cause of ER visits and deaths among older adults.
Sources:
- Florida Statute §768.0755 (premises liability for transitory foreign substances). (flsenate.gov)
- Florida’s 2023 tort reform (modified comparative negligence; two‑year statute). (gtlaw.com)
- ADA 2010 Standards §302.1 (slip‑resistant surfaces; no single COF). (ada.gov)
- OSHA 29 C.F.R. §1910.22 (walking‑working surfaces; clean and dry). (osha.gov)
- ANSI/NFSI B101.3 (wet DCOF guidance) and ASTM E303 (pendulum test). (blog.ansi.org)
- CDC Older Adult Falls: facts, ER visits, trends. (cdc.gov)
- Epic Universe opening and land lineup (news/official). (apnews.com)
