Did you trip and fall due to uneven flooring or poor lighting? Or suffer a burn from a poorly maintained smoke machine? Halloween is meant to be a time for spooky fun, but a visit to a haunted house can quickly turn into a frightening experience for all the wrong reasons if an injury occurs.
We understand how a fun night out with friends or family can suddenly become stressful and overwhelming because of unsafe equipment, poor lighting, or slippery surfaces. If you suffer injuries at a haunted house this Halloween, knowing the proper steps to take is crucial for protecting your health and legal rights.
Read on to learn what actions to take if you’re hurt at a haunted house attraction and how the New Orleans premises liability lawyers at Dudley DeBosier Injury Lawyers can help you get a fair settlement for your injuries.
1. Seek Immediate Medical Attention
Even if your injuries seem minor, seek medical attention after a haunted house accident. A doctor can assess your condition using X-rays, MRIs, or CT scans to diagnose hidden injuries like concussions or internal bleeding. They can also prescribe medication and develop a treatment plan to manage your injuries. Proper medical care ensures your well-being and provides essential evidence if you pursue a legal claim.
Keep all medical documentation, including doctor’s notes and test results. These records help link your injuries to the haunted house, supporting legal and insurance claims.
2. Report the Incident to Haunted House Management
After addressing any urgent medical needs, contact the haunted house to report the accident. Speak to a manager and request that they complete an incident report.
Give a clear, detailed account of the event. For example, you might say, “I slipped on the wet floor near the exit at 9:15 p.m.” or “I tripped over loose wires in the dark hallway by the haunted maze around 8:30 p.m.” Be specific about hazards like spills, inadequate lighting, or exposed equipment.
Request a copy of the report for your records as supporting evidence when filing your insurance claim.
3. Document the Scene and Your Injuries
To ensure a well-supported claim, document the scene and your injuries thoroughly while still on the scene if you are able. Start by capturing photos or videos of the accident scene, focusing on hazards or unsafe conditions that led to your injury, such as liquid on the floor or loose floorboards.
Next, take pictures of bruises, cuts, or other visible harm. Also, keep a detailed record of your pain levels, medical treatments, and related expenses as time progresses. This evidence can help establish that your injury resulted from negligence.
4. Collect Witness Information
If anyone saw your accident, get their contact information, including names and phone numbers. Witnesses can provide valuable testimony about the conditions at the haunted house and how the injury occurred, which can help establish that the attraction was negligent in maintaining a safe environment.
Having multiple witnesses corroborating your account of the events can strengthen your case if you decide to take legal action.
5. Understand Your Legal Rights and Options
Haunted house owners and operators are legally obligated to provide a safe environment for their guests. They must conduct regular inspections to identify hazards, properly train staff, and warn guests about potential dangers. When they fail to do so, and an injury occurs as a result, they can be held legally responsible.
If you’ve been injured due to negligence by a haunted house or its staff, you may have a legal claim under premises liability law. In most cases, you can file a claim with the business’s liability insurance to seek compensation for your medical bills, lost wages, and pain and suffering. If they don’t agree to a fair settlement, you can take the case to court and let a jury decide on the damages.
6. Consult a New Orleans Premises Liability Lawyer
Consulting with an experienced New Orleans premises liability lawyer can help you understand your rights and options and give you peace of mind.
Our attorneys can evaluate your case, help determine if you have a valid claim, and guide you through the legal process. We can handle negotiations with the haunted house’s insurance company and, if necessary, represent you in court to fight for the fair compensation you deserve.
Protect Your Rights After a Haunted House Injury
Getting injured at a haunted house can be a stressful experience, but taking the proper steps can protect your health and legal rights. Speak with a compassionate New Orleans premises liability attorney at our law firm to explore your legal options.
We can help you hold the negligent haunted house liable so you aren’t left with out-of-pocket expenses for your injuries. Contact our team today for a free consultation, and let us protect your interests.
Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.
