Premises Liability and Halloween

by Caleb Fleschner

Last Updated October 5, 2026 In Newsletter

Halloween is just around the corner, and communities throughout Indiana and Illinois are getting ready for pumpkin patches, haunted houses, haunted trails, corn mazes, fall festivals, and trick- or-treating. While these activities can be a fun way to celebrate the season, accidents can happen when property owners or attraction operators fail to take reasonable safety precautions.

So, what happens if you are injured while visiting a Halloween attraction? Depending on the circumstances, you may have a premises liability claim.

Assumption of Risk

Haunted houses and other Halloween attractions are designed to frighten visitors. When you purchase a ticket or enter an attraction, you may also be asked to sign a waiver acknowledging certain risks associated with participating.

This is sometimes referred to as assumption of risk. In general, visitors may be expected to understand and accept risks that are an ordinary and inherent part of the activity. For example, someone entering a haunted house generally expects to encounter frightening sights, sounds, darkness, and actors attempting to startle them.

However, accepting the ordinary risks associated with an attraction does not necessarily mean a visitor accepts every possible danger.

“Going to a haunted house doesn’t mean you agree to be injured because an operator failed to maintain a safe premises,” said attorney Caleb Fleschner. “There is an important distinction between the risks that are part of the experience and hazards that could have been prevented through reasonable safety measures.”

Whether a waiver or assumption-of-risk defense applies depends on the circumstances of the incident and the language of any applicable waiver. If you are injured because of an unsafe condition or negligent conduct that is outside the ordinary risks of the attraction, you may still have a potential claim.

Haunted House Injuries

Halloween attractions should take reasonable steps to protect visitors from hazards that are not an inherent part of the experience. Depending on the circumstances, an attraction operator could potentially be responsible for injuries resulting from unsafe property conditions or negligent conduct.

Examples of potential hazards include:

• Extension cords, props, or other objects left in walking paths
• Uneven flooring or unexpected changes in elevation
• Broken stairs, railings, or other structural hazards
• Inadequate lighting in areas where visitors need to see where they are walking
• Blocked or inadequate emergency exits
• Unsafe crowd control that creates a risk of trampling
• Improperly maintained sets or attractions
• Exposed nails, screws, broken materials, or sharp objects
• Unsafe use of fog, smoke, or other special effects
• Overly aggressive conduct by actors or employees
• Failure to follow applicable fire, building, or safety requirements
• Failure to warn visitors about hazards that are not reasonably apparent

The specific facts surrounding an injury are important. A person who trips while running from an actor, for example, may have different legal considerations than someone who trips over an improperly secured electrical cord that was left across a walkway.

What to Do If You Are Injured at a Haunted House or Halloween Attraction

If you are injured at a haunted house, corn maze, pumpkin patch, fall festival, or another Halloween attraction, taking certain steps at the scene can help preserve important information about what happened.

1. Photograph the Scene

If you are physically able to do so, take photographs or videos of the area where the incident occurred. Try to document the condition of the property, including lighting, flooring, obstacles, decorations, warning signs, and any other conditions that may have contributed to your injury.

2. Report the Incident

Notify an employee or manager and request that an incident report be completed. Ask how you can obtain a copy of the report.

3. Identify Witnesses

Get the names and contact information of anyone who witnessed the incident. If possible, also document the name of the manager or employee who responded.

4. Preserve Your Evidence

Keep your ticket, receipt, waiver, photographs, videos, clothing, shoes, and any other items that may be relevant to the incident. Do not alter or discard items that may help establish what happened.

5. Seek Medical Attention

Get appropriate medical treatment for your injuries. Tell your medical providers how the injury occurred and follow their recommendations for treatment.

6. Speak With an Attorney

If you suffered significant injuries, consider speaking with a personal injury attorney about your circumstances. An attorney can review the facts, applicable waiver language, insurance information, and other factors that may affect a potential claim.

Contact Fleschner, Stark, Tanoos & Newlin to speak with our team about your injury.

Making Your Home Safe for Trick-or-Treaters

Premises liability concerns aren’t limited to commercial Halloween attractions. Homeowners also have responsibilities concerning people who enter their property.

Trick-or-treaters may visit your home after dark, often wearing costumes that can limit visibility. Taking a few precautions can reduce the risk of an accident.

Before Halloween night:

• Clear sidewalks, lawns, driveways, and porches of leaves and other tripping hazards.
• Remove or secure hoses, extension cords, toys, yard equipment, and decorations.
• Turn on exterior lights and replace burned-out bulbs.
• Keep walkways clear and make sure steps and handrails are in good condition.
• Secure Halloween decorations so they cannot fall or become tripping hazards.
• Avoid decorations that could unexpectedly startle visitors into falling.
• Keep pets inside and away from trick-or-treaters.
• Consider using flameless LED candles instead of open flames in jack-o’-lanterns.
• Make sure children can safely reach the front door without encountering obstacles.
• Review your homeowners or renters insurance coverage and consider whether you have adequate personal liability protection.

Halloween Activity Safety Tips

Whether you’re taking the kids trick-or-treating or planning an evening at a haunted attraction, a few simple precautions can help reduce the risk of injury.

• Wear comfortable, closed-toe shoes with good traction.
• Avoid costumes made from highly flammable materials.
• Choose masks that don’t significantly restrict vision or breathing.
• Consider reflective material or other visibility aids when walking after dark.
• Use flashlights when appropriate.
• Stay on designated paths and follow posted safety rules.
• Keep children within sight and supervise them closely.
• Inspect candy before allowing children to eat it and discard anything with damaged or suspicious packaging.
• Avoid alcohol or drugs before participating in activities that require coordination, awareness, or physical activity.
• Stay with your group when visiting crowded attractions.
• Pay attention to your surroundings, even when an attraction is designed to distract or frighten you.
• Know your own physical limitations and avoid activities that could aggravate an existing condition.

Halloween should be a time for fun, not an unexpected trip to the emergency room. Taking reasonable safety precautions can help you and your family enjoy the holiday while reducing the risk of preventable accidents.

From all of us at Fleschner, Stark, Tanoos & Newlin, we wish you a safe and happy Halloween!

If you or a loved one suffered an injury at a haunted house, pumpkin patch, fall festival, or another Halloween attraction, contact our team to discuss your situation and learn more about your legal options.