6 Unusual Legal Cases Stemming from Halloween Festivities

For many, Halloween offers a chance to step into another identity and revel in festive fun. However, this loosening of inhibitions can sometimes lead to unexpected legal consequences. Explore a few bizarre incidents, from costume disasters to pumpkin-related accidents, that ended up in court.

1. A Fiery Incident

In 1984, Michigan residents Frank and Susan Ferlito attended a Halloween party. Susan dressed as Mary from the Mary and Her Little Lamb story, while Frank played the role of her woolly companion. To create Frank’s lamb costume, Susan used Johnson & Johnson cotton batting, covering his long underwear from head to toe with highly flammable material. For reasons unclear, Frank lit a cigarette with a butane lighter, igniting his left arm and causing burns across more than a third of his body.

The couple filed a lawsuit against Johnson & Johnson. In 1989, a jury awarded Frank $555,000 and Susan $70,000. However, in 1991, Johnson & Johnson secured a new trial, partly because the Ferlitos acknowledged they knew cotton was flammable. Although the plaintiffs claimed the cotton lacked a warning label, Frank admitted he disregarded cigarette package warnings, suggesting a label wouldn’t have changed his actions. In 1992, the Sixth Circuit Court of Appeals ruled in favor of Johnson & Johnson.

2. A Deflated Inflatable Pumpkin

For years, Jon Majdoch of Milwaukee ran a thriving seasonal business with temporary Halloween shops called Halloween Express. These shops were housed under a massive, 100-foot-wide inflatable pumpkin. While high winds had once sent one rolling down a freeway, no major incidents occurred. In 2017, Majdoch ordered a smaller inflatable pumpkin to set up a shop in a home goods store parking lot. The pumpkin, supplied by Larger Than Life Inflatables and assembled by House of Bounce, collapsed during heavy rain, pooling water on top. Though no one was hurt, Majdoch’s inventory was destroyed. His insurer, Hastings Mutual, paid a six-figure claim and sued both companies for alleged manufacturing defects. The case remains unresolved.

3. A Vision of Trouble

Thinking about wearing cosmetic contact lenses for Halloween? You might want to reconsider. Numerous retailers have faced lawsuits from state attorneys general and consumers due to eye injuries caused by non-prescription lenses. In 2016, Missouri Attorney General Chris Koster sued Gotcha Costume Rental for selling these lenses without prescriptions, violating state and federal laws. (Owner Aaro Froese pledged to comply by selling lenses only to those with prescriptions.) Ill-fitting lenses can scratch the cornea, leading to infections or even blindness. The FDA consistently warns that contact lenses are medical devices and should only be worn with a prescription from an eye care professional.

4. The Legal Battle Over Bananas

With countless costume manufacturers worldwide creating every imaginable costume, it’s common to see similar designs on store shelves. However, the banana costume has proven to be a unique case, falling under copyright protection. In 2017, Rasta Imposta, a costume maker, filed lawsuits against several companies, including Kmart and Kangaroo Manufacturing, for selling a banana costume they claimed copied their design. The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled in 2019 that Rasta Imposta’s banana costume was distinctive, citing its color and shape. The court stated the company deserved “the veritable fruits of its intellectual labor.”

5. A Night of Legal Frights

Due to liability waivers, taking legal action against haunted houses for delivering their promised scares is notoriously challenging. In 2011, Scott Griffin and his friends visited The Haunted Trail in San Diego, California. As Griffin exited, believing the experience was over, a chainsaw-wielding actor charged at him, causing Griffin to flee and injure his wrist in the process. Griffin sued the attraction’s operators but found no success. Both the trial court and the 4th District Court of Appeal ruled in favor of the defendants in 2015, stating Griffin had paid for “extreme fright” and received precisely that.

6. The Case of the Spider

Although this Halloween incident didn’t lead to a lawsuit, it did stir up trouble for some attorneys in West Virginia. In 2015, Logan County assistant prosecutor Chris White responded (some might say overreacted) to a cluster of fake spiders hung up for Halloween by drawing a gun and threatening to shoot the decorations. Logan County prosecuting attorney John Bennett suspended White, clarifying that White has a severe fear of spiders and that the gun was unloaded. The spider decorations were eventually taken down.