“Tis the season of spooks and scares- Halloween is finally here! During this time of the year, many people enjoy visiting pumpkin patches and haunted houses. While haunted houses are meant to be fun and thrilling, they can pose a risk of injury due to their inherently hazardous nature. If you are injured while navigating a haunted house, you might be entitled to significant compensation. However, your legal rights may be limited depending on the liability waiver you may have signed before entering this attraction. Therefore, it’s vital to enlist the help of an experienced New York City Personal Injury Attorney who can help you understand your legal options to seek the reasonable compensation you may be entitled to for your damages.
Will signing a liability waiver disqualify you from compensation?
Before entering a haunted house, especially one that promises a good scare, you will likely be required to sign a liability waiver. These attractions require you to sign a waiver before entering the premises to protect themselves from lawsuits. Essentially, by signing this disclaimer, you’re relinquishing your right to pursue legal action in the event of an injury. Typically, the waiver will stipulate liability for foreseeable risks of harm, such as an injury due to the darkness or running away from a scary performer. However, these waivers are usually not specific enough to bar you from recovery. Fortunately, even if you signed a waiver, there is room for you to pursue legal action for compensation.
Can I sue a haunted house for an injury in New York?
Depending on the circumstances of the accident, you may have a legitimate claim. However, if you ran away from a performer, you would probably not be able to recover compensation because of a legal doctrine referred to as “the assumption of risk.” The assumption of risk applies when an individual voluntarily exposes themselves to a known danger despite the potential risk of injury. However, there are exceptions to this legal doctrine.
If you are injured due to the gross negligence of a haunted house owner or employee, you may have a valid claim. A haunted house is a business that owes its customers the highest duty of care. Therefore, the appropriate parties must keep reasonably safe premises by repairing dangerous property conditions and displaying adequate warnings of potentially hazardous situations. If they fail to do so, they can be held liable for any accidents and injuries that directly result from their negligence.
If you or someone you love has been injured in a haunted house due to negligence, please don’t hesitate to contact a skilled New York City personal injury attorney who can help you navigate your legal options. At the Law Office of Brian J. Elbaum, we are prepared to help you fight for your rightful compensation.