In the spirit of the Halloween season, Harris County Robert W. Hainsworth Law Library typically displays several spooky selections from our print collection in the Law Library’s exhibit space. This year, Halloween is a little different. Our favorite haunt is closed, but we feel no less spirited about celebrating this happy holiday.
Halloween and the Law
Following a slump in Halloween activity during the pandemic of 2020, this year’s Halloween festivities are sure to be extra lively. According to the National Retail Federation, “consumer spending on Halloween-related items is expected to reach an all-time high of $10.14 billion.” Candy and costumes – for people and pets – top the list of holiday purchases, but 18% of Halloween revelers also plan to visit a haunted house. Upon entry, those fright seekers may be asked to sign a waiver of liability, a release form, or a statement of consent that’s intended to absolve the proprietor of any responsibility for injuries sustained during a customer’s visit. Are “hold harmless” agreements really ironclad? What about disclaimers printed on admission tickets, or warning signs posted at entry points? To learn more about the enforceability of liability waivers and disclaimers, visit the sites below. Additional related links (and some fun!) are also included.
Safety and Scares: Liability Law and Haunted Houses -- GetLegal
If a Business Has a Release Form, Does that Mean It Can Never Be Sued? -- FindLaw
When haunted house visits go from 'boo' to sue, the house usually wins – USA Today
An ‘extreme’ haunted house requires a 40-page waiver – Washington Post
Haunted House Lawsuits
Bonanno v. Continental Casualty Co., 285 So.2d 591 (1973)
Galan v. Covenant House New Orleans, 695 So.2d 1007 (1997)
Griffin v. The Haunted Hotel, 242 Cal.App.4th 490 (2015)
Statutes, Codes, and Guidelines
Haunted Houses: Codes and Guidelines – Texas Department of Insurance
Stigmatized Property: Sec. 5.008. Seller’s Disclosure of Property Condition – Property Code, Texas Statutes
For Fun
When ‘Boo!’ Is Only the Beginning – The New York Times
Here’s How Much Money It Would Take for People to Sleep in a Haunted House – Apartment Therapy
This British University Has an Archive of Ye Olde Haunted Houses – Atlas Obscura