Are Haunted House Waivers Too Spooky for Personal Injury Lawsuits?

Haunted houses are invocative of Halloween. Haunted houses have decorations, mazes, and other activities designed to give guests a good time by scaring them. However, there can be too much of a good thing, when the thrills lead to injuries.    

Solainne Moncero-Tannis was visiting “A Haunting in Hollis,” a haunted house operating out of a private home on Hollis Avenue in the Queens in New York when she broke both her ankles. Moncero-Tannis went down a 20-foot slide inside the house known as “Satan’s Slope.” The slide is a dark ride that is “straight down in the pitch dark.” Moncero-Tannis allegedly landed on concrete at the end of the slide and broke both her ankles. She has had to learn how to walk again following surgery.  

A Haunting in Hollis has been open since 2002. It features a maze, escape rooms, and live actors, with a ticket charge of $30. There have been five lawsuits brought by people who claimed to have also been injured in it. New York City inspectors issued a vacate order of the house after they found that the house had been radically altered from housing requirements. Inspectors cited structural and electrical issues, as well as removed fire-proofing, inside the two-story house as a potential fire hazard. The city does not require haunted house operators get a license. 

A Haunting in Hollis has an online waiver “the owners, operators, and staff from any liability, harm, injury, or death” that may occur once “you assume all risks associated with the experience.” 

Haunted House Disclaimers Should Generally Be Enforced  

Many public facilities require guests to sign a waiver to use them. Gym members are generally required to sign a waiver agreeing not to sue the gym if they are injured while exercising. Sports games require participants not to sue the owners of the fields or teams if the participants are hurt during the game. Even amusement parks have similar injury waivers. These waivers are generally enforced in court because the risk of injury is generally part of the activity itself, whether it is exercise, playing or sports, or riding a roller coaster. Haunted houses should not be any different.  

Haunted houses, like amusement parks, pose a risk of injury to visitors. Those risks cannot be avoided without changing the nature of a haunted house. The point of a haunted house, like a horror movie, is to scare the guest. Gruesome decorations may be present throughout the exhibit. Costumed actors may jump scare guests. Moncero-Tannis was in a dark slide – the darkness adds to the fear of the ride. “Satan’s Slope” would not be much a ride if it was fully lit. 

Gross Negligence Is an Exception to Any Waiver  

Gross negligence is the lack of any care or precaution at all. Although theme parks and gyms can use waivers to shield themselves from liability, a waiver is not a substitute for ordinary care. While Disneyland might be shielded from liability if guests have some neck or back pain after riding Space Mountain, Disneyland still has to inspect and maintain their ride to ensure it is safe. A liability waiver would probably not protect Disneyland if they did zero inspections and a ride car launched off the tracks as a result. If a public facility is determined to be grossly negligent, a liability waiver should not stop a lawsuit.  

If A Haunting in Hollis has had multiple injury lawsuits before, that suggests that the haunted house may not be maintaining its attractions properly. A onetime accident may be inevitable if the facility has been open for over twenty years, but multiple lawsuits indicate it may be a larger issue.  

Do I Need the Help of a Personal Injury Attorney? 

If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.