Every Halloween Las Vegas personal injury lawyers hear about all kinds of strange incidents. Some are creepy, some scary, and others are downright wrong.
The Haunted House Association estimates there are more than 2,000 attractions in the U.S each year. With that many in operation, there are bound to be injuries and problems at a few.
A Las Vegas woman claims she was groped while inside a haunted attraction. She says an employee grabbed her chest while walking through the Freakling Brothers’ ‘Gates of Hell.’
Owners of the haunted house say all participants sign a waiver before entering, the acknowledges there may be “incidental mild physical contact.” The woman says she plans on filing a police report.
This incident got us thinking… what can you do if groped at a haunted house?
Offensive or harmful physical contact is called battery. In a civilized society, we have a right not to be touched in a harmful or offensive manner, and although we may give consent to touching, that consent at a haunted house certainly falls short of groping.
If you were injured physically, that’s a whole other story. For example, if you tripped over a prop and are seriously injured, the operator may be considered negligent if it was a known danger.
The duty owed to haunted house goers is different because courts recognize that they exist to scare people. It is that very reason why you see lots of warning signs and waivers at most Halloween attractions. However, safety codes and standards still need to be adhered to, and employees must follow rules established by the operator.
What do you think? Do you waive all your rights at the door when you enter a haunted house? Or should the patrons still act reasonably?
Do you or someone you know have a haunted house visit that went wrong? Contact Parry & Pfau to go over the details and see if you have a valid claim. In the meantime, have a happy and safe Halloween season.