Haunted House Injuries: When Halloween Fun Turns Dangerous

By Eugene Bruno on September 25, 2025

Every October, haunted houses pop up across the country, promising heart-pounding scares and unforgettable thrills. But sometimes the fear goes too far, and what should be a night of fun ends with a trip to the emergency room. If you’ve been injured at a haunted house, you may be wondering: Can I sue for a haunted house injury? The answer can be tricky.

Common Haunted House Injuries

Haunted houses are designed to be dark, disorienting, and full of surprises. This is  a perfect recipe for accidents if operators aren’t careful. Some of the most common injuries reported at haunted attractions include:

• Slip and Fall Accidents: Fog machines, spilled drinks, uneven flooring, and poor lighting make falls a serious risk.
• Trip Hazards: Extension cords, decorations, and cluttered walkways can easily cause guests to trip.
• Crush and Crowd Injuries: Poor crowd control or blocked emergency exits (a fire code violation) can lead to trampling or collisions.
• Prop and Set Malfunctions: Falling decorations, unstable walls, or sharp props can cause cuts and serious injuries.
• Actor Interactions: Some lawsuits have involved actors chasing guests, grabbing them, or pushing scares too far.

Haunted House Liability: Who’s Responsible?

Haunted house operators and property owners have a legal responsibility to keep their premises reasonably safe. Under premises liability law, they may be held responsible if an unreasonably unsafe condition causes injury.

This means they must:

• Keep walkways clear and well-maintained
• Ensure emergency exits are accessible and clearly marked
• Train staff and actors to avoid overly aggressive or dangerous behavior
• Regularly inspect sets, props, and equipment for safety

If they fail to take these precautions, and someone is hurt, the injured guest may have grounds for a haunted house injury lawsuit.

Do Waivers Protect Haunted Houses from Lawsuits?

Many haunted attractions require guests to sign liability waivers. However, while a waiver may  excuse ordinary negligence, you could still sue for gross negligence, recklessness, or willful misconduct. Let’s break that down:

• Guests assume the risk of being scared, startled, or nervous. Who would go to a haunted house that wasn’t scary? Being scared is the whole point, so there is no duty to protect guests from risks that are inherent in the activity.
• But guests do not assume the risk of unreasonably unsafe conditions, such as broken stairs, overcrowding, or a blocked emergency exit which increase the risk of injury beyond what an ordinary person would expect of the activity.

If gross negligence, recklessness, or willful misconduct is involved, the waiver may not hold up in court.

Real Cases of Haunted House Injuries

Several real lawsuits show how courts handle haunted house injury cases:

• A guest broke an ankle running from an actor in a dark, uneven area. While being scared and running is part of the experience, the haunted house was sued for poor lighting and unsafe flooring.
• In another case, a prop fell from the ceiling and struck a guest, leading to a personal injury claim.
• Some lawsuits have involved guests chased by scare actors outside of the attraction and into parking lots, where car accidents or further injuries occurred.

These examples demonstrate that while scares are expected, unsafe conditions are not.

Tips to Stay Safe at Haunted Houses

• Walk, don’t run, even when startled
• Wear sturdy shoes with good traction
• Pay attention to exits in case of emergencies
• Choose age-appropriate attractions for children

Injured at a Haunted House? Know Your Rights

Haunted houses are meant to give you goosebumps; not medical bills. If you’ve been hurt at a haunted attraction because of unsafe conditions or reckless conduct, you may have a right to compensation for medical expenses, lost wages, and pain and suffering.

Contact Eugene Bruno & Associates today for a free consultation. Our San Diego premises liability attorneys can review your case and help you understand your legal options.

Call 1-888-BRUNO-88 (1-888-278-6688) to learn more today.