Have you been injured in a Haunted House?
Haunted house operators, like any other business owners, have a responsibility to maintain a safe environment for their visitors. Under premises liability law, they have a duty of care towards their patrons, which means they must take reasonable actions to prevent potential hazards or foreseeably dangerous conditions.
To have a valid claim against a haunted house owner or operator, you must demonstrate that your injury resulted from their negligent actions or failure to fulfill their duty of care. This could include cases where the haunted house owners:
Failed to properly maintain the premises, leading to trip hazards or unsafe structural conditions.
Did not adequately train or supervise their actors or employees, resulting in physical harm.
Created an excessive risk of injury by utilizing dangerous props or effects, such as pyrotechnics or strobe lights, without proper safety precautions.
Ignored or overlooked patrons’ reports of potential dangers, such as broken bones or traumatic brain injuries.
Haunted houses inherently involve a level of risk, as visitors willingly subject themselves to frights and scares. This concept, known as the assumption of risk, means that visitors understand and accept the potential risks associated with the haunted attraction.
Does Signing a Waiver Disqualify You from Compensation?
While signing a waiver may limit your legal options, it does not automatically disqualify you from receiving compensation. The enforceability of waivers varies depending on state laws and the specific circumstances of the case. Waivers can be challenged and deemed unenforceable if they are found to be overly broad, against public policy, or if the haunted house owners were grossly negligent or intentionally caused harm.
In many jurisdictions, waivers are allowed and can potentially protect haunted house owners from liability for ordinary negligence. They often do not shield them from liability for reckless or intentional acts or if they fail to fulfill their duty of care towards their patrons.
Signing a waiver does not absolve the haunted house owners from their responsibility to maintain a safe environment and prevent foreseeable risks of harm. They still have a duty of care towards their visitors, and if they breach this duty, they can be held legally accountable.
What Evidence Do I Need After a Haunted House Injury?
Common Haunted House Injuries
Have you or a loved one recently been injured in a haunted house?
Contact Goldberg & Loren today for a free consultation, and let us help you navigate the legal process. Don’t wait; your rights matter.
 Haunted House Insurance. (2022, September 7). Sadler Sports &Amp; Recreation Insurance. https://www.sadlersports.com/haunted-house-insurance/