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It’s not just the new chill in the air that puts a shiver down our spines in October. The spookiest month of the year is when we like to scare ourselves with trips to haunted houses, corn mazes, and pumpkin patches, but getting injured is the wrong kind of scary. So how can you avoid injuries this year on Halloween, and what should you do if you get hurt?
When it comes to attractions like haunted houses, liability isn’t as cut and dry as it is in a typical injury claim. When you slip and fall on a wet floor in a supermarket because they failed to put up a sign, generally the fault is clear. But when you visit a haunted house, you take on an “assumption of risk.”
Anyone going to a haunted house can reasonably assume it’s going to be scary. So, if you faint, suffer a heart attack, or twist your ankle running away from an actor because you are scared, most juries will agree this is not the fault of the venue because you took on that risk by agreeing to be scared when you purchased your ticket.
However, not all injuries you can get at a haunted house are fear-based injuries. If your injuries are the result of the haunted house operator acting negligently, you can still file a claim against their insurance for your injuries. In most cases, this is true even if you signed a waiver. An experienced personal injury lawyer like those at Nurenberg Paris will be able to provide more information on your specific case.
Haunted houses are required to adhere to building safety codes, but not all do. When haunted houses aren’t ADA or fire code compliant, fail to warn visitors about potential risks, or expose visitors to risks that don’t fall under those assumed to be found in a haunted house attraction, the operators may be liable for injuries suffered as a result.
Potential haunted house injuries may include:
When you are injured at a haunted house, their insurance will likely try to argue they are not liable for your medical bills because you took on assumed risk, even when the injury is caused by the venue’s negligence. To increase your chances of getting compensation for an injury at a haunted house, we recommend following these steps:
Premises liability refers to a property owner’s responsibility to keep their property safe for visitors. That doesn’t only refer to commercial properties like supermarkets and haunted houses, either. It goes for your own house too! Follow these steps to help make your property safe for trick-or-treaters this year and protect yourself from accident claims by making sure they never happen.
No matter how you plan to celebrate this Halloween, please keep these safety tips in mind, whether you are going out with your children or with friends.
From all of us at Nurenberg Paris Injury Lawyers, 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 today for a free case review.
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