Thread: Scared of being sued

Tweet

I wanted to try something different this year, and instead of the usual party, I wanted to try a garage walk-thru. Problem is, my husband's super nervous about someone claiming they got injured and we end up getting sued. Our homeowner's insurance told us they wouldn't cover it, and we wouldn't be covered either on the community property (walkway between our home and neighbor's).

I guess my question is, has anyone had this happen to them?

Myself, I never heard of anyone suing someone for an halloween haunt, but, true, I am canadian and we are not "sue" happy, like our fellow friends in the south of us. Maybe putting a sign "we are not responsible for any incident, please be careful and do not touch anything". Also, not having an actual PIT OF DEATH might help too, I learned the hard way, last time. It was hard to explain the 3 deaths to the police, but they knew it was all in the spirit of halloween, the charges were dropped. (actually, that part of PIT OF DEATH is not true..). Maybe look it up with a real lawyer?

I agree with Osenator...

If you just put a sign clearly stating in plain view to everyone that says "Enter at your own risk. Dont touch the actors and the actors wont touch you. We are not liable for any injuries. Do not touch any scenery and/or props. Failure to follow rules will result in you and your party being kicked out."
Just something along those lines to let them know that they will not be messing around inside or they will pay the consequences.

... I think that's a good way of stating don't mess around.

OK, I HATE to bring this up but,
We had an incident one Halloween where a neighbor's mother ran into our yard chasing her obnoxious grandchild.She tripped on the curb and fell into our yard. We were served with papers Mid -December that they were suing. They sued our Homeowners insurance. Which would not contest anything.The mother said she had tripped on a step in the path.(We had witnesses who saw the whole incident,she did not trip in the yard.) They paid them big bucks and raised our rates before cancelling our insurance.When we went to another insurance, we were told that the incident was never recorded. So, we got a better rate than we had before.
Still it was a hassle and the next year I gave out candy at the curb.....

My advice, put up a sign ,have "tours" with a guide and monitor your guests.
Unless it's going to be hundreds of folks, I wouldn't worry to much. Just be cautious.

The neighbors have since moved. We found out they had a history of lawsuits.
I guess some people can't make an honest living.

Sad story Wyatt. My family's old car insurance company was like that too, a lady hit me going maybe 15 mph between the two of us, both of us smashed our rear corners together. Anyways, she said she had severe neck pains three days later. Not to say she didn't, but apparently she had a sue-happy history as well, but my insurance paid her 25,000. Back to the topic! I would think a sign would be fine as long as it states that by entering the haunt you are not liable for any injuries or other such things... But after Wyatt's story maybe you should put a sign by the curb that says entering the property instead of just the haunt...

Use common sense and keep a few things in mind to ward off sue-happy neighbors and incidents. You want "atmospheric" lighting, but make sure to keep walkways clear of tripping hazards (like extension chords, uneven flooring, unmarked stairs, etc) and the walkways should be no less than 3 feet wide (which I believe is code for wheel chairs and most fire regulations). Use Reflective/ Fluorescent tape to mark potential hazards. If you do have hazards, disclose them on signs posted in plain sight by the entrance and marking the edges of your property.

A clearly posted sign stating more or less: 1. Enter At Your Own Risk, 2. Owner is NOT LIABLE for injuries or accidents, 3. By ENTERING PROPERTY and/or ATTRACTION visitors agree to waive Owner's Responsibility for injuries or accidents, 4. Persons with heart conditions should use caution, 5. Respect the Actors and they will Respect You.

If the unfortunate should happen, have a digital camera with a date and time stamp or - better yet- a video camera. Render assistance as applicable. Take pictures/video of the area immediately after the "incident" occurred. Do not let other people into the area to take an accurate account of surroundings as you possibly can. Have the person write down what happened with time, date, and signature. Protect Yourself from the sue-happy by tying up loose ends and uncertainties ASAP.

Also, you may want to talk to an insurance company about buying "special event" liability protection. In conjunction with your home owner's policy, you can usually cover all of your bases.

Hope you find this useful for your Halloween plans

My advice is just to do what you're comfortable with. If the walk-thru causes discomfort in the family then scrap it - not worth causing an issue - Halloween is about FUN!!! I like the thought of an awesome yard haunt, no walk-thru, and just having a blast while doing it. Regardless if your thinking about litigation, cost, workload, or just getting "over it" - the day it stops being fun is the day to stop haunting. Until that day lets scare the poo out of some ToTs!!!!!!!

Even if you have signs posted, that isn't going to stop someone from suing you - or rather your homeowner's insurance. Insurance companies rarely fight - they will settle for what they consider nominal amounts (10-30K) to avoid long, drawn-out battles and court costs, and then raise YOUR rates or cancel your policy all together.

Having anyone on your property - especially if you're inviting them into something that is intended to cause scares - is putting yourself at risk for being sued if you have someone injured on your property.

If someone is sue-happy, then they will sue. You can't avoid that unless you don't invite anyone to your house for any reason. If you live in a neighborhood with nice, normal folks, then chances are good that you won't get sued if someone got injured - but you take your chances that folks are going to be decent.

I'm paranoid, so I don't do a walk through. I live in a sue-happy state, so I don't want the worry.

Originally Posted by Frankie's Girl

If you live in a neighborhood with nice, normal folks, then chances are good that you won't get sued if someone got injured - but you take your chances that folks are going to be decent.

Yeah, I thought I lived with nice normal folks..........silly me.