Thread: Legalities of doing a Haunt in Front of your house?!?!?

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So, I've been doing this for four years now and luckily no one has gotten hurt, but I got a chainsaw for this year(took the chain off of course) and it got me thinking...what would happen if someone got hurt while on your property, or got hurt while you were chasing them a little bit. Anyone know if we are protected, because nowadays they can sue, and the sky is the limit

If a criminal cuts through your yard trying to escape the police after robbing a house and murdering the occupants and twists his ankle in a mole hole on your property, the bastard can sue you, and will probably win if they have a savvy lawyer.

Generally, using the "McDonald's" style disclaimer is considered a good start (Warning, dumbass, this coffee is HOT!)...you know, a rules sign stating the inherent hazards of entering your yard on this particular night and that anyone who does, assumes full responsibility for the risks associated with it.

But other than that, as long as you are not deliberately creating a hazardous atmosphere to ensure injury, your home insurance should cover people getting injured while on your property...but it won't stop them from suing you.

Yeah, this year I was planning on having some sort of warning signs about 100 feet from my property..."something to the effect of a warning and enter at your own risk and Im not liable"

But in reality, would that be withstanding in a case....I guess, could you have people sign a waiver for them and their kids would be the the only real way, but we can't necessarily stop everyone and have them sign..

So hopefully some sort of sign

For that reason, I would avoid chasing anyone with a chainsaw on my property. For a professional haunt, it's probably fine. They've worked out the details and are most likely well insured. For a home haunt, I just wouldn't take the chance. I'd keep it more of a walk-through..

I'm not an insurance agent, so take anything I say for what it's worth.

From what I understand, your homeowner's insurance will cover accidents on your property - but that's for normal visiting at your home. When you add in a bunch of scary props - some with the intention of startling the folks - you step outside the area that your insurance will be liable to cover (or at least, they'll see it that way if they find out about it). Even having a statement displayed on your property won't prevent someone that is injured and sue-happy from coming after you. It's whether your insurance deems it covered under their policy that you need to be worried about.

You are not only inviting folks onto your property, you're putting up things that could cause an injury or someone to trip, jump into/onto... it's falls into the "attractive nuisance dotrine" like having a pool or trampoline:
Attractive nuisance doctrine - Wikipedia, the free encyclopedia

Quoting:
While putting up a sign to warn children regarding the danger of the land may exempt the landowner from liability, it will not work in all situations.[citation needed] This is particularly true when the child cannot read the sign. Usually the landowner must take some more affirmative steps to protect children.

So you're not completely safe even WITH a sign posted. See, you're still allowing people onto your property and putting them into a situation where you may have injuries or other damage - so the sign isn't even as effective as "stay out" since they are being INVITED to come.

Professional haunts and other venues have major liability insurance designed for this type of thing- that's one of the reasons that the ticket prices are so high. Your homeowner's policy covers folks coming over for a get-together, but they probably would be pretty quick to tell you "no" if you ask them if they cover you in the event you do a home haunt...(especially as soon as the words "chainsaw" and "running at with" leave your mouth) or they will ask for more money for a special policy.

If you make 100% sure you've taken every safety precaution, posted warnings, let folks know that you're not in a business and just trying to do a fun thing for the neighborhood, you'll probably be fine...

This is why I don't do a walkthrough - strictly yard display that is fenced off and NO cords or other hazards. I live in a sue-happy state, so I'm taking chances even having what I do have.

(I'm uber-paranoid, tho, so again, feel free to ignore me and do your own research and listen to the other folks that have experience with this first-hand )

It seems like I read, heard or made up in my own head that you could get extra coverage on your home owners policy for just that particular day or something. Anybody have any insight on that?

After 30 years in the liability insurance business I can tell you you DO HAVE liability when you run a home haunt. Especially here in California where you have a "presumption of insurabilty clause" which mean the average person can assume you have "medical and liability coverage" to protect them if you INVITE them onto your property. If you charge an "admission" or "donations" then you increase your risk and exposure about 1000per cent, which means you ARE going to loose your home unless you have purchased coverage for business usage and exposure. Safest thing is running a home haunt only in the front yard, don't chase people, put up a fence(safety zone) between them and the effects. If you invite them into your house, garage, or backyard, YOU will become the insurance company and if any injury probably loose your house, at worst and bear thousand of dollars in lawyers fees in the least. I am sorry, but we live in a scoiety where "EVERYONE" wants their pay day. Whether you have warnings, disclosures, etc., it isn;t going to except you from some liability. Check with your homeowners agent, get it in writing, and NEVER take just his word for it. Just a little FYI

Well first off let me start by saying I guess the only real way of ever knowing is if something happens, there's to many possibilities that in one case it might go in favor of the homeowner and in another case in favor of the TOT'ers...who knows... I sort of started this topic as more of an open ended question.

With that said, I have been doing this for 4 years now have not had any problems, nor have I put up any warnings or things of that nature.

Heres my situation, tell me if you guys think I have all my bases covered.

For one, you can see in this picture(taken directly in front of my house) the sidewalk that leads up to it from the main street. I was planning on putting a sign out there that says something to the effect of " Enter at your own risk, people who are pregnant, heart issues, etc, should not enter. Don't touch the actors as they won't touch you. Please stay on the sidewalks, and most importantly NOT RESPONSIBLE FOR ANY INJURIES"

Now that is just a paraphrase of what would be put out there, but you get the idea...



Furthermore, for my haunt, (WHICH IS STRICTLY IN THE FRONT YARD AREA) is where I will have all of my displays, as you can see in the pics, our yard is made of IVY, and as such, isn't intended for walking, so any TOT'ers can only use the sidewalk.

Myself as an actor would only stay on the IVY


Again, with the chainsaw, I have already taken the chain off (NO DUH!!!) and depending on how dangerous it is, might even take off the thing that the chain runs around, so essentially all it is, is a noise maker.

ALL of the scaring has been done on the main sidewalk, when they approach our steps I leave them alone

First, let me say that I despise the "lottery" mentality that ppl have today, and I'm repulsed by the judgements that some of these idiot juries hand down in cases where the "injured" party brought it on themselves.

HOWEVER, things being what they are, I wouldn't dream of a chainsaw scare or even a startle scare within 10' of those steps. You never know if someone might get freaked and charge up them instead of down the sidewalk. I'm not sure even a good sturdy railing on each side would make me feel better about it, from a "getting my arse sued off" perspective.

Just my .02, and I'll admit that I'm overly paranoid. DH works in insurance, and has horror stories about dumb@sses bringing stuff on themselves, suing others, and WINNING. Even perfectly good liability waivers don't hold up anymore, let alone warning signs...

Other than that, MiRySd, your front yard is lovely and would make a beautiful creepy European-style cemetery. I'm thinking Prague or Edinburgh...

Sorry, I don't have any advice, just a story to share. A few years ago I attended a Jaycee's Haunted House and was chased down a flat, straight sidewalk by the chainsaw guy, and my foot twisted sideways off the sidewalk, and I tore a ligament. ( or whatever it's called ) I went to the Dr. and had to have an x-ray and get my foot wrapped. I didn't sue anybody though.