What Legal Action Exists for a Haunted House Injury?

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You may think that going to a haunted house with your friends and family is a great way to ring in the Halloween season. And while you may expect to be frightened at this event, you may not expect to also get injured. Yet, unfortunately, accidents are known to have occurred. Read on to discover what legal action exists for a haunted house injury and how a seasoned Toronto slip and fall lawyer at Merricks Law Group, P.A. can talk this through with you.

How might I get injured in a haunted house?

In addition to scares around every corner, there may just be hazards around every corner within a haunted house. Examples of how you might get injured include, but are not limited to, the following:

  • You may slip and fall due to broken floorboards, slippery tiles, or another hazard within the haunted house.
  • You may incur an injury after colliding with a door, wall, or other hazard due to poor lighting.
  • You may incur an injury after an overhead prop, decoration, or other hazards fall on you.
  • You may incur an injury after a costumed employee touches you to frighten you.
  • You may experience a cardiac event after a costumed employee frightens you.
  • You may experience a seizure due to the flashing lights within the haunted house.

What legal action should I take after a haunted house injury?

After being injured in a haunted house, you should consider a personal injury claim to recover financial compensation for your damages.

You may be worried that you are barred from pursuing legal action if you signed a liability waiver before entering the haunted house. However, this waiver may only cover injuries due to foreseeable risks, such as slips and falls due to dim lighting or cardiac events due to pre-existing heart conditions.

This means that you may still be eligible to file a personal injury claim if you claim gross negligence. This may apply if a costumed employee directly went against a “no touch” policy, if there were unfastened props overhead, or otherwise. Without further ado, to prove gross negligence, you may need evidence that backs up the following statements:

  1. You were a welcomed visitor to a haunted house, and therefore the owner owed you a duty of care.
  2. There was a hazard present within the haunted house that the owner knew about, or should have reasonably known about.
  3. The owner breached their duty of care by failing to clear the hazard before welcoming visitors into the haunted house.
  4. You encountered the hazard in the haunted house and subsequently incurred injuries and damages.

Regarding your personal injury claim, there is no time like the present to get started. So please reach out to a competent Ontario personal injury lawyer from Merricks Law Group, P.A. at your earliest possible convenience.

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