It’s that time of the year again- Halloween season! During this season, friends and families often visit pumpkin patches and haunted houses for spooky fun. While haunted house attractions are meant to provide a thrilling experience, they are also designed to be enjoyable. However, due to negligence, this festive activity can quickly turn from fun into a nightmare. Haunted houses are inherently dangerous, which means there is always a potential risk of injury. When someone gets injured in a haunted house, they often wonder if they are entitled to pursue legal action, especially when they’ve signed a liability waiver. Please continue reading to learn what legal options may exist after a haunted house injury and how a skilled Chesterfield County Personal Injury Lawyer can help you fight for the just compensation you are entitled to for your damages.
If you sign a liability waiver, are you disqualified from receiving compensation?
If you plan to visit a haunted house this Halloween, you should be prepared to sign a liability waiver before entering the attraction. When you sign this disclaimer, you essentially relinquish your right to sue in the event of an injury. However, you must read the waiver carefully so that you can leave the haunted house if you are uncomfortable signing certain legal rights away. Nevertheless, even if you sign the liability waiver, that does not mean you are barred from recovery. In most cases, liability waivers cover foreseeable risks within a haunted house. Therefore, many waivers are not specific enough to diminish your ability to pursue legal action for your injuries.
When can you pursue legal action against a haunted house in South Carolina?
If you were injured in a haunted house due to poor visibility or you were running away from a scary performer, you will likely not be eligible for compensation. This is because of the legal doctrine known as the “assumption of risk.” When individuals willingly expose themselves to a known danger, they are barred from recovery. Individuals who enter a haunted house voluntarily assume the risk of injury due to the attraction’s dangerous nature. Nevertheless, there are exceptions to this doctrine.
If you are injured due to gross negligence, you can still take legal action for your damages. In South Carolina, property owners must maintain reasonably safe premises, promptly repairing any unsafe property conditions to prevent accidents and injuries. If the appropriate parties fail to uphold their legal obligation of maintaining a safe environment and warning visitors of potentially dangerous situations, they can be held liable for any injuries that occur as a direct result of their negligence. Haunted houses owe their customers the highest duty of care.
As such, if you are injured due to the gross negligence of a haunted house, please don’t hesitate to contact a seasoned Chesterfield County personal injury attorney from the Cockrell Law Firm, P.C., who can assist you through every step of this complex legal process to seek reasonable compensation for the damages you’ve incurred.
