It’s that time of the year again, Halloween season when individuals visit pumpkin patches and haunted houses. While haunted house attractions are meant to be enjoyable, they can pose a potential risk to visitors due to their inherently dangerous nature. After all, navigating through the darkness where individuals are intentionally trying to scare you is a recipe for disaster. If you or a loved one is injured in a haunted house, you may wonder what legal options exist, as you likely signed a liability waiver. Please continue reading to learn whether you can sue a haunted house for your injuries and how a talented Morris County Personal Injury Attorney can help you fight for your rightful compensation.
Does signing a liability waiver disqualify you from recovering compensation in New Jersey?
In most cases, before entering a haunted house, guests are required to sign a liability waiver. Essentially, this disclaimer stipulates that by signing the waiver and voluntarily entering the haunted house, they cannot sue in the event of an injury. It’s crucial to thoroughly read the liability waiver before signing to protect your legal rights and avoid waiving them unintentionally. Fortunately, many haunted house liability waivers are not specific enough, which leaves an opportunity for you to pursue compensation for the damages you’ve incurred.
When can you take legal action against a haunted house for an injury?
When you visit a haunted house attraction, there is an assumption of risk. The assumption of risk is a legal doctrine that stipulates that an individual is barred from recovering damages for an injury sustained when they voluntarily expose themselves to a known danger. When an individual enters a haunted house, they know there is a potential risk of injury due to the inherently dangerous nature of this attraction. In addition, you enter a haunted house knowing you will likely be scared. If you suffer an injury due to being scared, you would likely not be able to take legal action for your damages.
Nevertheless, despite the assumption of risk associated with a haunted house, some exceptions allow injured parties to sue for their injuries. You are entitled to pursue legal action if you are injured due to gross negligence. A liability waiver typically only covers foreseeable risks within a haunted house, such as injuries due to poor visibility. However, that does not mean you have signed all your rights away. Haunted houses are for-profit businesses, meaning they owe their customers the highest duty of care. Essentially, they must maintain a safe environment for their guests, repairing any unsafe property conditions within a reasonable timeframe to prevent accidents and injuries. If the appropriate parties fail to exercise reasonable care in maintaining reasonably safe premises or provide adequate warning of potentially dangerous scenarios, they can be held liable for their negligence.
If you’ve been injured in a haunted house due to negligence, please don’t hesitate to contact a determined Morris County personal injury attorney from the legal team at Lutz Injury Law, who can help you fight for the maximum compensation you are entitled to for your damages.