Case Background
Fabiola Benison visited the Miami Seaquarium on April 4, 2021, accompanied by her seven-year-old granddaughter. The afternoon was intended to be a family outing, but it ended with a trip to the hospital and a legal battle that lasted nearly four years. The incident occurred on the park’s premises, leading to a lawsuit filed in the Circuit Court of the 11th Judicial Circuit in Miami-Dade County.
Cause
Around 12:30 PM, Benison walked through the park toward one of the attractions. As she navigated the walkway, her foot caught on a section of asphalt that had shifted. The pavement had separated vertically, creating a significant "lip" or depression in the path. Benison tripped over this uneven surface and fell violently onto the hard ground. Her legal team argued that the park had failed to maintain the walkway in a reasonably safe condition and had neglected to inspect the area for such tripping hazards.
Injury
The fall caused Benison to suffer a severe injury to her right hand. Medical records and testimony indicated that the damage was permanent. Beyond the physical trauma, Benison dealt with ongoing pain and a significant loss of mobility. The injury affected her daily life and her ability to care for herself and her family, leading to claims of mental anguish and a diminished capacity to enjoy life.
Damages Sought
Benison filed her complaint seeking compensation for the heavy toll the accident took on her life. She requested a judgment for damages exceeding $30,000, which met the Court's jurisdictional requirements. Her demands included payment for past medical bills, projected costs for future medical care, and "non-economic" damages to cover her physical pain, suffering, and permanent disability.
Key Arguments and Proceedings
The trial served as the culmination of a long discovery process where both sides gathered evidence regarding the maintenance of the park and the extent of Benison’s injuries.
Legal Representation
Plaintiff(s): Fabiola Benison
Counsel for Plaintiff(s): Aaron A. Karger | Christopher Marlowe
Defendant(s): Festival Fun Parks, LLC | Palace Entertainment Holdings, LLC (operating as Miami Seaquarium)
Counsel for Defendant(s): Andrew W. Bray
Expert for Defendant: Sergio Glait
Key Arguments or Remarks by Counsel
The central conflict of the trial involved whether the park owners knew about the broken asphalt and whether Benison should have seen the danger herself.
Claims
Benison’s attorney argued that the Miami Seaquarium had a "non-delegable duty" to keep its grounds safe for the public. They asserted that the depression in the walkway did not appear overnight. Instead, it resulted from long-term wear and tear that the park staff should have noticed and repaired during routine inspections. Because the park failed to fix the hole or place a warning sign near it, the Plaintiff argued they were 100% responsible for the fall.
Defense
The defense team for Festival Fun Parks, LLC pushed back, suggesting that the uneven pavement was "patent and obvious." They argued that a reasonable person looking where they were walking would have seen the elevation change and avoided it. The defense claimed that Benison was the primary cause of her own accident. They asked the jury to find her at fault, or at the very least, to split the blame between her and the park to reduce any potential payout.
Jury Verdict
The trial concluded on December 11, 2025, when the jury reached a unanimous decision. They filled out a detailed verdict form that addressed the fault of each party and the specific dollar amounts owed to the Plaintiff.
The jury first addressed the question of negligence. They found that the Defendants, Festival Fun Parks, LLC and Palace Entertainment Holdings, LLC, were indeed negligent and that their failure to maintain the park was the legal cause of Benison’s injuries. Crucially, the jury turned down the defense’s argument regarding "comparative negligence." They ruled that Fabiola Benison was 0% at fault for the accident, placing the entire legal and financial responsibility on the park owners.
The jury awarded a total of $520,000 to Benison. The award was categorized into several specific areas to cover the full scope of her losses:
Medical Expenses The jury awarded $63,000 to cover the medical bills Benison had already paid or owed from the time of the accident until the trial. They also added $2,000 to cover anticipated future medical costs related to her hand injury.
Pain and Suffering The largest portion of the verdict addressed the human cost of the injury. The jury awarded $400,000 for the pain, suffering, disability, and mental anguish Benison had endured from the day of the fall until the trial. They also awarded an additional $55,000 for the pain and loss of enjoyment of life she would continue to experience in the future.
Following the jury’s decision, Judge Migna Sanchez-Llorens signed the Final Judgment on January 22, 2026. The judge ordered the Defendants to pay the full $520,000. Additionally, because the payment was not made immediately, the Court applied a statutory interest rate of 8.65% per year. This interest will continue to grow until the Defendants satisfy the debt. The judge dismissed all other claims and officially closed the case, marking a total victory for the Plaintiff.
