"Halloween Begins with a Legal Bang"
The famous line "Something wicked this way comes" from William Shakespeare's "Macbeth" perfectly encapsulates the spirit of Halloween. Originating from the Celtic festival of Samhain, which marked the end of the harvest season, pagans would often summon the dead. Nowadays, Halloween tends to summon a different kind of entity - personal injury lawyers. With its combination of slip-and-falls, food liability, and costume defects, Halloween is a veritable feast for the litigious.
What could possibly go wrong with a holiday celebrated at night, with millions of people wearing ill-fitting costumes and handing out food to strangers? This year, Halloween has already started producing its fair share of spooky legal cases.
Haunted Houses and Legal Nightmares
In Queens, a haunted house named "A Haunting in Hollis" was shut down after several people filed lawsuits over injuries. The Fire Department dubbed it "a death trap", but not in the fun, Halloween spirit kind of way. The converted two-family home was accused of having attractions like the "ankle shatterer".
Solainne Mancero-Tannis, a resident of Jamaica, Queens, claims she was visiting the house with her family when she went down "Satan's Slope". The slide in a pitch-black space allegedly hurled her into a concrete wall at the bottom, resulting in shattered ankles. The FDNY has since allowed the house to reopen after making improvements.
Too Realistic Haunted Houses
Sometimes, haunted houses can be too realistic, even for those who are trained to handle stressful situations. Sgt. Eric Janik, 37, visited a haunted house called the House of Screams. He was confronted by a character dressed as Leatherface wielding a chainsaw. Janik, in response, pulled out his service weapon and pointed it at the actor, who promptly dropped character and fled.
Anora Jenkins, an employee at a haunted attraction in Tennessee, jumped out to scare a group of visitors. A frightened man reacted by punching her, sending her to the hospital. AMS Haunted Attractions reported that several of its actors were assaulted by spooked customers.
Improvisation Gone Wrong
Some haunted houses can take improvisation a step too far. In the case of Dickson v. Hustonville Haunted House and Greg Walker, Glenda Dickson, 51, broke four vertebrae in her back when she fell out of a second-story window left open at the Hustonville Haunted House. She was in a room called "The Crying Lady in the Bed" when one of the actors started screaming. Dickson, startled, jumped back through an open window that was covered only with a sheet.
Neighborly Disputes
Halloween can bring out both the best and worst in people, including neighbors. A few years ago in Florida, a woman filed a defamation and emotional distress lawsuit after her neighbor set up Halloween decorations that included a fake tombstone with a derogatory message.
This year, another woman in Ohio took a more direct approach. She went on a rampage in the front yard of the Zeller family, causing roughly $1,000 in damages to their extensive Halloween decorations. The police arrested 48-year-old Christina Horvath, who was also accused of stealing some items. The Zellers, however, are not giving up. They put up a sign reading "She Came in Like A Wreckin’ Ball" next to a skeleton riding a wrecking ball.
Costume Catastrophes
Every year, costumes produce a slew of lawsuits, from demon eye contact lenses that can cause blindness to witch hats that can catch fire. In New York a few years ago, Sherri Perper, 56, filed a personal injury lawsuit due to defective shoes she allegedly bought from Forum Novelties. The shoes were oversized clown shoes that she claimed made her trip and fall.
As a torts professor, I try to balance between creating a fun attraction and avoiding an attractive nuisance. I have even considered greeting children with a notary and a waiver form covering everything from slips to nut allergies. There are simply some scenes that are too scary for both the young and old.
Bottom Line
So, welcome to the most hallowed holiday for lawyers. Have fun, but remember - it's BYOC, bring your own counsel. What are your thoughts on this article? Do you agree with the points made? Share it with your friends and let's get a conversation started. Don't forget to sign up for the Daily Briefing, which is delivered every day at 6pm.
"Halloween Begins with a Legal Bang"
The famous line "Something wicked this way comes" from William Shakespeare's "Macbeth" perfectly encapsulates the spirit of Halloween. Originating from the Celtic festival of Samhain, which marked the end of the harvest season, pagans would often summon the dead. Nowadays, Halloween tends to summon a different kind of entity - personal injury lawyers. With its combination of slip-and-falls, food liability, and costume defects, Halloween is a veritable feast for the litigious.
What could possibly go wrong with a holiday celebrated at night, with millions of people wearing ill-fitting costumes and handing out food to strangers? This year, Halloween has already started producing its fair share of spooky legal cases.
