When autumn arrives, haunted houses, pumpkin patches, and fall festivals pop up all over Pennsylvania. These attractions are meant to bring people joy (or a good scare), but what happens when a night of fun ends with a serious injury?
If you’ve been hurt at a haunted house or other fall attraction, you may wonder if the owners can be held responsible. The answer depends on where and how the accident occurred, and whether the attraction took reasonable steps to keep visitors safe.
Let’s break down what you need to know about slip and fall accidents at haunted houses and fall attractions in Pennsylvania.
Premises Liability and Visitor Safety
In Pennsylvania, haunted houses and other seasonal attractions have a legal duty to maintain their property in a reasonably safe condition for guests. This falls under an area of law known as premises liability.
If a visitor is injured because of a dangerous condition, such as slippery floors, poor lighting, uneven surfaces, or tripping hazards, the property owner or operator could be liable for those injuries. However, the level of responsibility depends on the visitor’s status:
- Invitees – Paying customers and ticket holders fall under this category. Property owners owe invitees the highest duty of care, including regular inspections and timely repairs.
- Licensees – Social guests or people allowed on the property for non-business purposes. Owners must warn them of known hazards.
- Trespassers – Individuals who enter without permission generally cannot sue unless the owner intentionally causes harm.
Since most haunted house or fall attraction visitors are paying customers, they are invitees, meaning operators have a strong duty to ensure safety.
Similar Post: Three Important Aspects Of Premises Liability Claims
Common Slip and Fall Hazards at Haunted Houses
Haunted houses are designed to surprise, and sometimes disorient, their guests. However, that doesn’t excuse unsafe conditions. Some of the most common hazards that cause slip and fall accidents include:
- Wet or slippery floors from fog machines, rain, or spilled drinks
- Uneven walkways or loose flooring in dark areas
- Poor lighting that hides hazards
- Obstacles and props left in walkways
- Crowded spaces where guests are pushed or startled into falling
- Outdoor conditions, like mud, wet leaves, or gravel paths
Even if a haunted house is meant to be scary, it still must meet safety standards. Operators can’t rely on the “assumed risk” of fear or darkness to avoid liability when negligence is involved.
Can Haunted House Owners Argue That Guests Assumed the Risk?
Many haunted houses use fear, darkness, and surprises as part of the experience, and owners sometimes argue that guests “assumed the risk” of being scared, startled, or bumped.
However, assumption of risk only goes so far. When an injury is caused by a dangerous condition unrelated to the intended experience, like a wet floor or broken step, that defense may not hold up.
For example:
- A guest slipping on a wet surface caused by a leaking fog machine likely didn’t assume that risk.
- A person tripping in a dark hallway without proper lighting may not have expected that hazard, even in a haunted setting.
In short, guests accept the risk of being scared, not the risk of negligent maintenance.
Similar Post: What If Your Smartwatch Proves You Were Injured—Can You Use It in a Personal Injury Case?
What You Should Do After a Slip and Fall at a Fall Attraction
If you’re injured at a haunted house, pumpkin patch, or fall festival, taking quick action can help protect your rights. Here’s what to do:
Report the Incident Immediately
Tell an employee or manager what happened so they can document the event. Request a copy of the report, if possible.
Take Photos and Videos
Capture the scene, including lighting conditions, flooring, and any hazards that caused the fall.
Get Witness Information
If anyone saw your accident, ask for their names and contact details.
Seek Medical Attention
Even minor injuries can worsen over time. Get checked out by a medical professional right away.
Avoid Posting on Social Media
Anything you say or post could later be used against your claim.
Contact a Personal Injury Lawyer
A personal injury lawyer can evaluate whether the property owner or operator failed to meet their duty of care and help you pursue compensation.
Proving Negligence in a Haunted House Injury Case
To hold a haunted house or fall attraction liable for a slip and fall, your attorney must prove four elements of negligence:
- Duty of Care – The owner had a legal duty to keep the premises reasonably safe.
- Breach of Duty – The owner failed to correct or warn about a dangerous condition.
- Causation – That failure directly caused your injury.
- Damages – You suffered actual harm, such as medical bills, lost wages, or pain and suffering.
Evidence such as maintenance records, witness statements, and video footage can help establish these elements and strengthen your claim.
How Liability Might Differ at Temporary or Seasonal Venues
Many fall attractions are temporary and set up in fields, barns, or fairgrounds for just a few weeks. This can complicate things when determining who’s responsible. Depending on how the attraction is structured, liability might rest with:
- The property owner (if unsafe premises contributed to the fall)
- The event operator (if they created or ignored hazards)
- A third-party vendor (such as a cleaning or lighting company)
An attorney can investigate contracts, insurance policies, and ownership details to identify the correct party or parties to hold accountable.
Possible Compensation for Slip and Fall Injuries
Victims of slip and fall accidents at haunted houses or fall attractions may be entitled to several forms of compensation, including:
- Medical expenses
- Lost wages or diminished earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation or therapy costs
If the attraction’s conduct was especially reckless, such as ignoring known hazards or overcrowding, a court may even award punitive damages to punish that behavior.
Stay Safe and Know Your Rights This Fall
Haunted houses and fall attractions should be places where families can make memories, not suffer preventable injuries. Unfortunately, when business owners cut corners on safety, serious accidents can happen.
If you or a loved one was injured at a haunted house, corn maze, or fall festival, you may have the right to seek compensation for your injuries and losses.
Contact the Personal Injury Attorneys at van der Veen, Hartshorn, Levin & Lindheim to File a Claim
At van der Veen, Hartshorn, Levin & Lindheim, our experienced Pennsylvania personal injury attorneys understand how devastating a slip and fall can be, especially when it happens at a place that was supposed to be fun.
We’ll investigate the cause of your accident, determine who’s responsible, and fight to recover the compensation you deserve. Call 215-486-0123 or fill out our online contact form for a free consultation today. We represent clients in Philadelphia, Bristol, Lahaska, Fountain Hill, and throughout the state of Pennsylvania.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.