
From http://www.propertycasualty360.com
Maze of Litigation
With the holiday’s propensity for themes of bones, blood and gore, it’s no surprise that Halloween accidents can be dangerous or deadly.
In the case of
Durmon v. Billings, the plaintiff met with a figure dressed as Jason Voorhees from the popular horror film "Friday the 13
th" while walking through the defendants’ corn maze.
The character approached “Jason,” who wore a costume and mask, and wielded a running chainsaw above his head. The plaintiff attempted to run away, but fell and broke her leg.
In the lawsuit, the plaintiff charged the maze owners with negligence for the muddy condition of the field and for allowing “Jason” to use an instrument that could have harmed her. The court found that, upon entering the maze, the plaintiff had paid to be frightened and that the maze’s condition was obvious. Therefore, the defendants were not responsible from protecting her from Jason.
If the defendants had failed to mention to their insurers that they operate a corn maze on their land, any accident occurring there would not have been covered by the insurance policy. If found at fault for an accident, the defendants would be solely responsible for paying the settlement.
MAKE SURE YOU ARE PREPARED FOR ANYTHING THAT PUTS YOU IN HARMS WAY