From http://www.propertycasualty360.com
Halloween is known for tricks, terror and treats. However, hapless party hosts, pumpkin patch proprietors and corn maze meanderers have haunted courts. Read on about 5 claims lawsuits that would send a shiver down the spine of any agent or broker.
Haunted Houses
The Haunted House Assn. estimates that more than 2,000 haunted attractions operate each year. This seasonal industry leaves a lot of room for disgruntled customers, so owners beware: Insure your attractions properly, or you’re in for a scare.
In the case of
Deborah Mays v. Gretna Athletic Boosters Inc., defendants operating a haunted house at the Mel Ott Playground in Gretna, La., were taken to court by the plaintiff, Mays, who became frightened when an employee jumped out at her.
Mays ran into a cinderblock wall covered with black fabric and needed two surgeries to repair her broken nose.
The court found the defendant had “no duty to protect Mays from her reacting in ‘bizarre, frightened and unpredictable ways'” because that is the natural and expected reaction to haunted houses. Duty of care owed to haunted house patrons is different because courts recognize they are intended to scare people and accomplish that end by producing an environment with limited lighting and scary surprises.
What do you think of this ruling?