If it seems like ads for Knotts Scary Farm and other Halloween attractions are appearing before what most people consider the end of summer, it’s not your imagination. Every year, haunted house attractions outdo the frights of previous years.
While visitors pay to be scared, they don’t expect to be injured. However, with scary things popping up unexpectedly and creatures chasing visitors, what if someone is injured?
What to know about liability waivers
The businesses, large and small, in charge of these attractions generally used to require people to sign a liability waiver before entering or even before purchasing a ticket. That waiver now is more likely to be something a visitor automatically agrees to when they buy a ticket.
Buyers must be given a reasonable chance to read and understand that waiver, however it’s presented. It can’t just be something in fine print that someone isn’t required to read or at least said they’ve read.
Liability waivers for Halloween attractions may be highly detailed. For example, they may caution people with heart conditions against visiting. They may warn of uneven surfaces and even the possibility of being chased.
A liability waiver doesn’t protect haunted houses and other scary adventure businesses against legal action in all cases. They still have the same liability as any property owner would have if there’s an unsafe condition on the property that’s been neglected – like a hole in the floor or a broken railing.
How much “inherent” risk are visitors expected to assume?
In one case a California appeals court upheld a lower court ruling against a plaintiff who was injured when he fell while being chased by a performer wielding what appeared to be a chainsaw. It didn’t help that this happened at the end of the adventure, when visitors thought the “dangers” were over.
Both courts determined that these haunted attractions, much like certain sports activities, come with an “inherent” risk of injury that people assume when engaging in a range of recreational activities. Further, there had been few injuries suffered in this attraction over the years, so it wasn’t a common occurrence.
As we head toward Halloween season, it’s important to understand what kind of risks you may be asked to assume if you want to experience a scary adventure. However, it’s also important to know what duty of care any property owner (from a haunted house proprietor to a neighbor who turns their yard into a Halloween adventure) owes visitors. If you have questions or concerns, legal guidance can help.