People who visit “haunted houses” and other Halloween attractions this time of year expect to experience some scares. They don’t expect to be seriously injured – nor should they be.
So when is an injury simply an expected risk when dodging the creatures and villains – whether played by real people or some kind of animatronics – of a Halloween attraction and when can the business behind the attraction be held liable?
Under the state’s fire code, these attractions are considered “special amusement buildings.” They’re subject to the same safety requirements as many other types of property. They can’t have roofs or floors collapsing or unsecured equipment or sets falling on people, for example.
If someone gets startled by an “axe murderer” jumping out at them and falls, that’s likely another matter. Unexpected frights are part of the experience. So are things like uneven flooring, which visitors to a more traditional venue shouldn’t have. There may be signs inside and outside the attraction cautioning visitors about things like that.
The role of liability waivers
The businesses that own and operate these attractions generally have detailed liability waivers to protect themselves from injury-related claims and lawsuits for accidents that can occur in this type of venue. Often, people who buy tickets online just need to check a box saying they’ve read the waiver, whether they have or not. However, the responsibility is placed on them to read it.
By acknowledging that they’ve read and agree to a waiver, a person may be stipulating that they don’t have a heart or respiratory condition or seizure disorder, aren’t pregnant and don’t suffer from any other physical or emotional condition that could be triggered by enclosed spaces, flashing lights, loud noises or unexpected appearances by frightening characters. The waiver should give people some idea of what they may experience inside without ruining the surprises and fun.
It can be difficult to hold the business behind a haunted attraction liable for injuries. However, in some cases, it’s warranted. Judges and juries will typically need to consider the specifics of how an injury occurred. For example, did negligence in maintaining the property play a role?
Anyone who has suffered an injury at a Halloween attraction can benefit from getting experienced legal guidance to determine whether they have a premises liability case and, if so, how to best pursue it.