My daughter was injured in an amusement park’s haunted house when one of the characters grabbed her. Can she be compensated for her injury?
Most, if not all, amusement parks have policies which require that employees who are acting as characters in haunted house or funhouse attractions specifically not touch the patrons of the attraction for exactly the reason that your daughter discovered – injury is a common result. The park might argue that your daughter assumed the risks associated with entering a haunted house attraction – in other words, that she knew there would be some element of danger in going into the attraction but decided to assume those risks when she entered the attraction. However, your daughter could not have assumed a risk that should not have existed since the action creating the risk was against a written policy.
The employee who grabbed your daughter is most likely liable for her injury although he or she probably does not have enough assets to cover many of the expenses involved. The park may also be liable. Your attorney will want to investigate whether their policy is written out, how well it is enforced, and whether they conduct any training on these issues. There may also be state codes about the attraction, governing what characters in it may and may not do or what other safety standards should be in place. This needs to be investigated as it may help your case as well.
Your attorney will also have to find out if your daughter contributed to her injury in any way, such as if she grabbed the character first or was horsing around and ran into or fell onto the character. These claims can sometimes get complicated and therefore should not be something you do on your own.
Another consideration that you will want to look into is how much your case is worth. Considerations include the extent of your daughter’s injury, its permanence and any permanent scarring. Many cases are not worth bringing simply because the dollar amount is so small. Your attorney will know what you may be entitled to and the value of your claim.
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