Keep Portland Weird... But Not That Weird
One of the most popular Halloween attractions in Portland is a Haunted House. Portland, Oregon, should be named the Halloween Capital of the World, (Sorry Anoka County, you never stood a chance) with its 10-15 haunted house attractions.
Many people flock to these houses for thrills and chills, but they may not realize that some haunted houses can be dangerous and even lead to injury. If you’re injured while visiting one of these attractions, you might wonder if you can sue the owners or operators.
Haunted Houses are trending between October 20th and October 31st. Over 4,000 seasonal haunted houses are running throughout the United States each year. [1]
Creepy Monsters, Fantastic Thrills, and Waivers, Oh My
Haunted Houses are meant to frighten. With monsters, clowns, zombies, witches, and goblins – it is supposed to invite those guests who can bravely venture forth.
But, with the risk can come injuries, but who is responsible for those injuries if they happen?
Prepare to be terrified! Before you enter certain spine-chilling haunted houses, brace yourself to sign a waiver. This sneaky document is cunningly crafted to restrict your lawsuit potential if you dare to get injured on the premises.
But hold on tight because if you do sign that waiver and suffer a fright-induced injury, the haunting question of whether the owner was negligent arises. So, make sure you capture every bone-chilling detail of your otherworldly encounter following any mishap.
Common Injuries in a Haunted House
- Trip and Fall Accident - It's easy to trip on wires or props, especially if you're running from a zombie. Haunted houses may also have uneven floors or other issues that lead to falls. If the haunted house owner did not make reasonable efforts to keep the premises safe and free of hazards, they may be held liable for any resulting injuries.
- Struck by Props - If actors in a haunted house are using props like swords, bats, or other items that could inflict injury, then the owners of the haunted house may be held liable for any injuries caused by those props.
- Prop Malfunctions - While most props are harmless, there are prop malfunctions that can harm customers.
- Psychological Injuries - Haunted houses are designed to scare people, and they often succeed. However, if a patron has a psychological injury because of the experience, it will be difficult to obtain compensation.
- Violent Actors and Actor Error - Many haunted houses are either unpaid actors or paid actors. Either way, if you were assaulted and suffered damages due to a violent actor, you may be entitled to compensation, especially if the actor had no background check and turns out to have displayed illegal behavior before, such as assault.
Who is to Blame for My Portland Haunted House Injuries?
The answer as to whether you can sue depends on the circumstances of your injury and the laws in place in Portland. Generally, if you suffer an injury while participating in a “hazardous recreation activity,” like a haunted house, you can be held responsible for your own actions and injuries.
However, if it can be proven that the owners of the haunted house were negligent in their duty to provide a safe and secure environment, then you may be able to sue.
Regardless of whether you can sue or not, if you were injured in a haunted house in Portland, it is best to seek the advice of an experienced lawyer who can help you get compensation for your injuries.
House of Shadows - Gresham, Oregon
A lawsuit has been filed in Multnomah County Circuit Court, providing limited information. However, it claims that a customer named Eric Benson was allegedly assaulted by an actor at the House of Shadows haunted house using “dangerous equipment or props,” resulting in coronal fractures to three of his front teeth. [2]
Notable Haunted House Lawsuits
McKamey Manor – This cray haunted house required participants to get a doctor’s note and sign a 40-page waiver before entering. Approximately 31,000 people signed a petition on change.org calling for it to be shut down. This haunted house was labeled as a “torture chamber in disguise.” [3]
A lawsuit filed by a woman from Roseville against Erebus Haunted Attraction in Pontiac last year resettled for $125,000. [4]
In the following video, a verdict is granted in a haunted house personal injury lawsuit for $48,000.
If you have been injured in a haunted or Halloween venue, don’t wait to seek the legal help you deserve. Contact Goldberg & Loren’s personal injury lawyers today for a free consultation.
Sources:
[1] Haunted attraction (simulated). (2023, September 13). Wikipedia. https://en.wikipedia.org/wiki/Haunted_attraction_(simulated)
[2] Lawsuit Says Actor at “Full-Contact” Haunted House in Gresham Broke a Customer’s Teeth. (2018, November 9). Willamette Week. https://www.wweek.com/news/courts/2018/11/09/lawsuit-says-actor-at-full-contact-haunted-house-in-gresham-broke-a-customers-teeth/
[3]“Extreme haunted” house is “torture chamber” in disguise, says petition to close it. (2019, October 29). NBC News. https://www.nbcnews.com/news/us-news/extreme-haunted-house-torture-chamber-disguise-says-petition-close-it-n1073286
[4] Turk, J. (2021, June 17). Injury lawsuit involving Pontiac’s Erebus haunted house settled for $125K. The Oakland Press. https://www.theoaklandpress.com/2016/09/16/injury-lawsuit-involving-pontiacs-erebus-haunted-house-settled-for-125k/
