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Before entering a haunted house attraction this Halloween season, you may be asked to sign or electronically acknowledge a waiver. These documents clarify that visitors engaging in a terrifying journey filled with chainsaw-wielding maniacs and grisly horrors are accepting certain risks. For instance, fleeing from a ghoul armed with an axe could lead to a fall, injury, or worse.
Are these legal disclaimers just clever marketing tools, or do they genuinely protect haunted houses from being sued?
Generally, visitors entering an attraction meant to scare and startle are doing so at their own risk, according to David Hoffman, a professor at the University of Pennsylvania Law School. “It’s a little like going to a baseball game,” Hoffman explained to Mytour in 2019. “You’re accepting the risk of being hit by the ball.”
Despite this, people have still attempted to seek legal compensation for injuries sustained at haunted attractions. In 1996, the family of a 10-year-old girl sued a haunted house in Louisiana after she ran into a wall draped with black plastic sheeting following a scare from an employee. The appeals court, however, ruled that such incidents were understood to be part of the frightening experience. In 2011, a man in San Diego filed a lawsuit after exiting a haunted house and being startled by an employee revving a chainsaw. Terrified, he ran, fell, and injured both wrists. Once again, the court sided with the business, stating that he was there to be frightened—mission accomplished.
Hoffman warned that while such cases are common, the inherently spooky nature of haunted attractions doesn’t grant operators permission to ignore dangerous hazards. Visitors can reasonably expect creepy creatures and dark corridors, but not, for instance, a massive hole in the floor or an employee acting in a manner that leads to injury. “You might risk running into a wall, but not the risk of being tackled or assaulted,” Hoffman explained.
For example, in 2014, a woman in Pontiac, Michigan sued Erebus Haunt Attraction after a moving wall knocked her over, causing leg fractures and other injuries. The case was settled in 2015 for $125,000.
Erebus included a disclaimer on its admission tickets, but that might not offer much legal shield. Hoffman pointed out that haunted attractions would need to prove that the guests had read the disclaimer and were given the option to get a refund if they chose not to accept the terms.
The bottom line? No one is compelled to visit a Halloween-themed haunted maze. If you do, you're unlikely to find a sympathetic court if you're injured while fleeing from one of its unsettling inhabitants. The true waiver is in voluntarily paying for the thrill of fear. Unless there’s gross negligence, you're assuming the risk.
