Visiting a haunted house attraction can be a thrilling way to get into the Halloween spirit, but sometimes the frights are a little too real. While some attractions are wholesome family fun, there are increasingly “extreme” versions that cater to thrill-seeking adults. What happens if someone is injured during their visit?

Assumption of risk

When you enter a haunted house, you’re voluntarily putting yourself in a situation designed to scare you. For example, you may be subject to jump scares, loud noises and sudden movements or dark environments that are tricky to navigate. This is where the legal principle of assumption of risk comes into play. By purchasing a ticket and walking into a haunted house, visitors are generally assumed to understand and accept the inherent risks of being frightened or startled. After all, it’s the whole point of the attraction.

For example, if you trip while running from an actor in a zombie costume or bump into another guest in a dark hallway, these incidents may be considered part of the expected risk.

When are haunted house owners liable for injuries?

While guests may assume a certain level of risk, haunted house operators still have a duty to provide a reasonably safe environment. If an injury is caused by negligence—meaning the owner or operator failed to meet a standard of care—they may be held responsible.

Here are some examples of owner negligence:

• Hazardous conditions: Exposed wires, slippery floors or faulty equipment could cause someone to trip or fall.
• Overcrowding: If too many guests are allowed into the haunted house at once, it could lead to a crush of people or accidents.
• Inadequate lighting: While low light is part of the scare factor, it shouldn’t be so dark that guests can’t see where they’re walking, leading to dangerous falls.
• Unsafe stunts or props: Using mechanical props or interactive elements could cause injury if they’re not properly maintained or controlled.

How waivers affect liability

Some “extreme” haunted house attractions require guests to sign a waiver before entering. These waivers are designed to limit the attraction’s liability by having guests acknowledge the risks, and agree not to hold the operators responsible for certain injuries. While waivers can be enforceable, they are not an absolute shield.

Here’s what you should know about waivers:

• They can protect against ordinary risks: Waivers may successfully protect the attraction from lawsuits over injuries that arise from the expected scares, like tripping when startled by an actor.
• They don’t cover gross negligence: If an injury occurs because the haunted house failed to address a dangerous condition, such as a poorly maintained structure or broken safety equipment, a waiver may not protect the attraction from liability.
• Children and waivers: Waivers signed on behalf of minors may not always be enforceable, especially in cases where the injury was caused by negligence.

Even if you’ve signed a waiver, you may still be able to seek compensation if your injury was caused by something outside the scope of the typical risks assumed in a haunted house.

Ultimately, whether you’re navigating a dark maze or dodging creepy clowns, safety should never be just an afterthought. If you’ve been injured in a haunted house attraction, you may have grounds for a personal injury claim. Call the Law Offices of Tim Misny to learn more.

Talk to a Columbus accident attorney today

The Law Offices of Tim Misny can help you with your personal injury claim. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.