Halloween is soon upon us, and all across Indiana and Illinois, people are celebrating the holiday with trips to pumpkin patches and haunted houses, all leading up to trick-or-treating on the big night. It’s lots of fun, but that stops the moment someone gets hurt. That’s the kind of scary no one wants on Halloween. So what happens if you are injured at a Halloween attraction?
When you enter a haunted house or other “haunted” attraction such as a haunted corn maze or haunted trail, you take on an assumption of risk. In fact, many such attractions require you to sign a waiver or include a waiver printed on the ticket. So what does this mean? In this case, a haunted house is assumed to be scary, so you agree to take on the risk of being scared. But that means any injuries you get from being scared, whether that’s hitting your head on the ground after fainting, twisting an ankle running away from a costumed actor, or suffering a heart attack from fright, are usually not considered the fault of the haunted house operator.
However, this doesn’t mean you have no way to get compensation, no matter the injury. If you were injured due to negligent behavior on the part of the attraction operator, you can sue even if you signed a waiver.
Haunted houses that don’t adhere to fire code, building code, or ADA compliance laws, or that fail to warn visitors about potential risks or expose visitors to risks that can’t be assumed to occur in a haunted house may be liable for any injuries that occur as a result. Some examples include:
If you are injured at a haunted house or other Halloween attraction, there are several important steps to take that can improve your chances of getting compensation for your injuries, especially when the insurance company will likely try to argue your injuries fall under the assumed risk.
A property owner’s responsibility to their guests doesn’t only apply to commercial properties. It also applies to homeowners. Anyone who comes onto your property should be able to do so without fear of injury, even if you didn’t personally and explicitly invite them. A perfect example of this is trick-or-treaters. To prevent injuries at your home this Halloween, follow these tips:
Whether you and the kids plan to go out trick-or-treating, or you and your friends intend to spend the evening at a haunted house, make sure to follow these safety tips to prevent injuries.
From all of us at Fleschner, Stark, Tanoos & Newlin, we wish you a safe and happy Halloween! If you or a loved one suffered injuries while visiting a Halloween attraction, don’t hesitate to call our team.
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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