Going to a haunted house is a popular way to get into the Halloween spirit and enjoy spooks and scares with friends and family. However, while such attractions may offer a thrilling and eerie atmosphere, they also pose a potential risk of physical injury to visitors. Although you don’t expect to experience anything beyond a good scare at a haunted house, you can suffer severe injuries due to negligence. In such cases, injured parties often wonder whether they have the right to take legal action as they signed a liability waiver before entering the haunted house. Please continue reading to learn about your legal rights after an injury in a haunted house and how a talented New York City Personal Injury Lawyer can help you fight for the just compensation you deserve.
Does signing a waiver disqualify you from compensation?
Before you visit a haunted house, you will likely have to sign a liability waiver. In most cases, these disclaimers cover the foreseeable risks within a haunted house. Before signing it, carefully read through the liability waiver to avoid relinquishing certain rights. Nevertheless, to many people’s surprise, signing a liability waiver does not necessarily mean that you have signed all of your rights away. While signing a waiver can limit the haunted house’s liability for injuries sustained during their time in the attraction, if you suffer an injury due to gross negligence, you still have a right to pursue legal action to recover monetary compensation for your damages.
Can you sue for a haunted house injury?
When you enter a haunted house, there is a particular assumption of risk. Essentially, this legal doctrine means that an individual knows the potential risks of danger associated with entering a haunted house. Therefore, they are liable for their injuries as they voluntarily expose themselves to a known danger. However, even with the assumption of risk, a property owner still owes their customers a duty of care. They must maintain a safe environment, repairing unsafe property conditions within a reasonable time frame to prevent accidents and injuries.
As mentioned above, if you are injured due to gross negligence, you are entitled to take legal action for your damages. Haunted houses are for-profit businesses, which means they owe their customers the highest duty of care to prevent accidents and injuries. Therefore, the attraction must be reasonably safe and display adequate warnings for potentially hazardous situations. If the appropriate parties fail to do so, they can be held liable for any injuries that directly result from their negligence.
If you are injured due to the negligence of a haunted house, it is in your best interest to contact a skilled New York City personal injury lawyer from the legal team at James Newman, P.C., who can help you through each phase of this complex legal process. We are prepared to fight for the total and fair compensation you are entitled to for your incurred damages.
