Haunted House Lawsuits
October is the time of the year when haunted houses are most popular. With crowds of people gathering to explore them, each year haunted house owners and operators push the limit of terror by making their houses as frightening and realistic as possible. In their attempt to blur the lines between fantasy and reality to scare the color off your face we have found various dangerous happening throughout the country. Haunted houses can pose a lot of risk for personal injury if not operated with caution for both visitors and employees.
Believe it or not, there is a list of common injuries associated with haunted houses. It is important to know your rights as a customer and to know where the line that separates fun from injury.
Common Haunted House Injuries
Slip & Fall
A pool of fake blood, a dam floor from a mist sprayer or a bump in a rug are just some of the possible scenarios that can cause an attendee to slip and fall in a haunted house. Most haunted houses are set in a dark environment so it is easy for someone to not be able to see a loose cable across the floor, or a misplaced prop and trip over it. Falling to the ground can cause serious injury depending on the individual.
There is a reason why it is not recommend to enter a haunted house if you have medical conditions. You are going into a place that is filled with actors whose only job description is to give you your money’s worth in paranoid terror. Sometimes in order to do that an actor may reach out and grab customers to give them a jump. That can lead to the customer getting injured or the actor if the customer’s natural reaction is to fight back.
No haunted house can be complete without artificial fog being pumped in to make it look like you’re walking in a graveyard at night. Proper ventilation is crucial to prevent carbon monoxide poisoning so be aware if you start to feel light headed while inside.
Loose screws or bolts that may be sticking out or left behind can pose a risk of injury. Actors or visitors walking through the dark halls may not see them until it is too late and cause bruises or lacerations. Even objects like broken mannequins or guardrails can be considered potentially dangerous.
Falling or malfunctioning props can cause injury to actors or visitors. Terrified visitors that run in a crowded environment trampling other visitors in the process or inappropriate behavior from actors or guests can also lead to freak accidents. Yes, freak accidents can be labeled as infrequent accidents but there is probability that those can happen in every haunted house experience.
Haunted House Rules
Haunted houses go through strict inspections to make sure everything is safe but even the strictest safety inspections can’t predict the unpredictable. At tomes personal injury lawyers are called upon for legal assistance when an attendee is victim of a negligent act. If you or a loved one is injured at a haunted house and want to file a claim against the owner there are importance steps you’ll need to take.
Haunted House Lawsuit Claims
The law states that owners of amusement parks and haunted houses have a high legal duty of care. Meaning that they are responsible for any “foreseeable” danger. For example, if a visitor trips over an exposed cable and break his/her wrist then the owner is responsible for their injury. But, if the visitor walked past a safety rope, guardrail, or barrier and got injured as a result then the owner is not liable because there was no way to suspect that a customer was going to ignore the warning signs.
If you or a loved one has been injured at a haunted house and want to take legal action you need to gather evidence to build your case. Report the incident immediately to a manager or owner and don’t wait until after they close or the next day. Every accident needs to be documented so even though you are not legally entitled to one you can ask for a copy of an accident report for your own records. If someone from the company contacts you remember to get their name and information.
Gathering eye witnesses and taking photos, video or audio is also a good way to document. The more evidence you have of the happening, the better a personal injury attorney can build a case for you. Any medical bills, out of pocket expenses and lost wage verification are vital for your case as well.
Scared but Safe
Getting scared in a safe environment is part of the fun of Halloween. If you and your family attend a haunted house this month remember to be aware of anything that may be unsafe. If you get scared remember that Davis Law Firm is here for you 24/7 in case anything happens. Free consultation with our legal representatives is just a phone call away at (210) 444-4444!