Broderick Law Firm, LLC

haunted house

Can You Sue a Haunted House for an Injury?

haunted house

 

Halloween season is upon us and that means haunted houses, corn mazes, and other spooky fun. But what happens if you get injured? Can you sue a haunted house or other scary entertainment venue for your injuries?

The answer is a clear “it depends.”

In a general sense, a haunted house is just like any other business or entity. If the business is negligent and that negligence causes an injury, the business is likely liable for the harm done. But, there are a couple of special considerations that often come into play with haunted houses and similar entertainment.

Haunted Houses and Negligence Waivers

Negligence waivers have grown increasingly common for a variety of businesses over the past several years. Haunted houses are no exception. In fact, you may have seen some crazy news stories about haunted houses with releases that ran to dozens of pages and previewed a wide variety of possible harms.

If you’re visiting a haunted house this fall, chances are good that the business will attempt to protect itself. These efforts may range from a disclaimer posted at the entrance or on a ticket to a more detailed waiver you are asked to sign at the door.

In general, Massachusetts law honors negligence waivers. That means that if you have signed a valid waiver and you are injured through simple negligence, you may be blocked from successfully suing the haunted house for damages. However, that doesn’t necessarily mean the haunted house is off the hook. If you are injured at a haunted house, it is a good idea to consult an experienced Massachusetts personal injury lawyer even if there was a disclaimer posted or you signed a waiver. Here’s why:

  • A posted warning or disclaimer may not be sufficient, and the haunted house may have difficulty demonstrating that the plaintiff was aware of the terms and knowingly agreed
  • The simple fact that you signed a waiver doesn’t necessarily mean that the waiver was effective, is legally enforceable, or covers the type of injury you sustained
  • While Massachusetts law will generally hold an injured person to a waiver with regard to simple negligence, you may still have a valid claim if the haunted house was reckless or grossly negligent, or acted intentionally

In short, while negligence waivers are enforceable in Massachusetts, not every waiver is enforceable or applies in every situation. Your best source of information about the validity of a waiver and its application to the injuries you sustained is an experienced local injury attorney.

Assumption of the Risk in Haunted Houses

Even without a waiver, a haunted house may be able to escape liability for an injury if they can demonstrate that the injured person was aware of and assumed the risk. For example, people go to haunted houses to be scared. So, you generally wouldn’t be able to successfully sue for the anticipated effects of being frightened.

On the other hand, no one goes to a haunted house expecting that the building will be in violation of a fire code and so they might be trapped in a burning building, or that they will fall through a poorly-maintained floorboard and break their legs.

Again, whether or not the claim is viable will depend very much on the specific circumstances.

Talk To a Massachusetts Personal Injury Attorney

If you have been injured in a haunted house or other Halloween attraction and are unsure whether or not you have a claim against the facility, schedule a consultation with an experienced local injury lawyer. Attorney Kevin P. Broderick has devoted his career to helping people who have been injured in Massachusetts and New Hampshire.

He knows how confusing the aftermath of an injury can be, especially when issues like negligence waivers are involved. He offers free consultations to make sure injured people have access to the information they need to make educated decisions about their next steps.

You can schedule yours right now by calling 978-459-3085 or filling out the contact form on this site.

Have you been injured?

Let Attorney Kevin Broderick answer your questions and evaluate your personal injury or vehicle accident case for free!

CALL TODAY 978-459-3085

Kevin Broderick Law serves clients in Massachusetts and

New Hampshire.

 

Areas of service in

Massachusetts

 

Lowell

Lawrence

Littleton

Billerica

Andover

Chelmsford

Westford

Groton

Acton

Tyngsborough

Dracut

Methuen

 

Areas of Service in

New Hampshire

 

Hudson

Nashua

Pelham

Disclaimer

The information you obtain on this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Pedestrian Accidents

Lowell Pedestrian Accident

Walking seems like a relatively safe way to get around, but the data says otherwise. Between 2007-2016, nationwide pedestrian fatalities rose 27%, reaching nearly 6,000 in 2017. Although Massachusetts saw a small decline in pedestrian deaths from 2016 to 2017, the problem remains serious. More than 800 Massachusetts children are treated in emergency rooms or hospitalized each year as a result of pedestrian injuries.

Unsurprisingly, most pedestrian fatalities occur in urban areas, where there is generally more congestion and activity. And, the vast majority occur on sunny or cloudy days, when people are more likely to be walking.

The state of Massachusetts invested in a public information campaign to urge awareness among drivers, bicyclists and pedestrians, and efforts are underway to make certain roads and intersections safer for both motorists and foot traffic. However, the key to pedestrian safety lies largely with pedestrians themselves and the bicyclists, motorcyclists, and motor vehicle operators they share the roads with.

Pedestrian Safety in Massachusetts

Safety Tips for Pedestrians

Pedestrians can help to keep themselves safe from traffic accidents by:

  • Remaining vigilant—distracted walking can be just as dangerous as distracted driving
  • Staying visible—when walking along roadways, wear bright colors during the day and reflective clothing at night
  • Cross at the crosswalk rather than cutting across in the middle of the street or between parked cars
  • Walk on sidewalks whenever possible, and follow rules of the road for where to walk safely when you must enter the roadway
  • Never assume that a driver has seen you or will yield the right of way
  • Avoid walking with headphones on, as they will block out or muffle the sound of approaching vehicles, car horns, and other warning signals
  • Walk sober—about 17% of pedestrian fatalities involve walkers under the influence

Safety Tips for Drivers Sharing the Road with Pedestrians

Motor vehicles are obviously much larger, heavier, and faster than pedestrians. That makes it all the more important for drivers to exercise care when sharing the road with pedestrians, who are largely defenseless against a fast-moving vehicle. Drivers should take care to:

  • Avoid distracted driving—looking away from the road for even a few seconds can mean you travel hundreds of feet “blind,” and that’s plenty of time for a pedestrian to step into the road unseen
  • Obey traffic laws and speed limits, particularly in residential areas or other places where foot traffic is common
  • Give a pedestrian plenty of space when you pass him or her on the road—a minimum of three feet is a good general rule
  • Look for pedestrians when turning, particularly when making a left turn
  • Never pass a car that is stopped at a crosswalk, and when you stop at a crosswalk allow plenty of room for pedestrians to cross safely and be visible to approaching cars.

Help for Victims of Massachusetts Pedestrian Accidents

When you’ve been seriously injured in a pedestrian accident, you may be daunted by growing medical bills, uncooperative insurance companies, and short-term or long-term limitations on your income. There’s no reason to attempt to manage those issues on your own.

Attorney Kevin J. Broderick has decades of experience in helping accident victims recover the compensation they need to move forward after an injury.

Damages in pedestrian accident cases vary depending on many factors, such as the seriousness of your injury, the degree of fault attributable to each party, and your actual economic losses. Economic losses include medical bills, costs of therapy and rehabilitation, lost income, projected future limitation on earnings, and more.

There’s no upside to delay: getting a knowledgeable advocate on your side can help relieve your stress, take tasks off your plate so you can focus on your recovery, and reduce the risk that an insurance company will mislead you into a mistake that could hurt your case.

 Just call 978-459-3085 or fill out the contact form on this site to get a free consultation. Even if you aren’t sure if you have a case, it is always better to call and ask.

Have you been injured?

Let Attorney Kevin Broderick answer your questions and evaluate your personal injury or vehicle accident case for free!

CALL TODAY 978-459-3085

Kevin Broderick Law serves clients in Massachusetts and

New Hampshire.

 

Areas of service in

Massachusetts

 

Lowell

Lawrence

Littleton

Billerica

Andover

Chelmsford

Westford

Groton

Acton

Tyngsborough

Dracut

Methuen

 

Areas of Service in

New Hampshire

 

Hudson

Nashua

Pelham

Disclaimer

The information you obtain on this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.