Every year, many people look forward to Halloween with its costumes, parties, scares, and trick-or-treating. But, despite good intentions, lawsuits have sprung from various aspects of the holiday.Haunted Houses
You may have the best haunted house in town, but take care to make sure that your miami home insurance is up-to-date to protect yourself against disgruntled customers. One haunted house, operated in Louisiana, resulted in a broken nose and took 2 surgeries to fix. She was so scared by an employee that jumped out at her that she turned and ran into a black fabric-covered cinderblock wall.
Those running the event were lucky. When the case was brought to court, it was ruled that they had “no duty to protect [her] from her reacting in ‘bizarre, frightened and unpredictable ways’” as hers was a natural reaction. The courts have a tendency to understand that haunted houses are meant to scare and do so by using such elements as low lighting and scary surprises.
Corn Mazes
With some people’s interest in themes involving gore and blood, it shouldn’t be too surprising that accidents during Halloween can have the potential to cause harm. In one individual’s corn maze, a participant came across someone dressed as Jason Voorhees. They dressed the part and held a running chainsaw over their head. This caused the participant to run but she broke her leg in a fall caused by muddy conditions.
In the lawsuit that followed, she accused the owners with negligence because the field was muddy and for having “Jason” carry something that could have hurt her. She lost the case because she had paid to enter the maze, the condition of the maze was plain to see (so there was no responsibility to protect her from “Jason”) and the owners had informed their insurers about the corn maze on their property. Had they said nothing about the maze, it would not have been covered and they would have been liable for anything that happened.
Costumes
Nobody cuts two holes in a sheet anymore. Costumes have become more complex and those that make their own should beware of any hazards that could arise from being around fire and know the warnings associated with what they put together. One man, being a sheep to his wife’s Little Bo Peep costume, lit up a cigarette and his costume that was made from cotton balls by Johnson & Johnson.
The couple sued the company and the jury found them to be 50% responsible for what happened. Despite that, they were still awarded with $625,000. Johnson & Johnson tried to appeal the decision but it could not be denied that cotton is a “simple product with all its essential characteristics apparent, including flammability.” Plus, failure to warn did not carry any importance because the husband did not claim that, had he been warned, he would have not used the cotton balls.
Costumes in the Workplace
A lot of costumes worn by adults, especially those that are skimpy and provocative, can cause problems. In lawsuits filed against one’s place of employment, situations involving sexual harassment as well as other actions that can create an unfavorable work environment are becoming more common. It may be a good idea to ensure that you have coverage for any claims of sexual harassment.
One example is a sales employee, female, that came in dressed up as a doctor. Her male manager was apparently only able to make crude comments regarding her costume. At one point he even unbuckled his pants, pointed at his groin and said to her “Here, doctor. It hurts here.” In the lawsuit that followed, he was ordered to pay a $50,000 civil penalty on top of any fees owed her attorney(s) for her defense.
Party Problems
In 2010, a party in Chicago went terribly wrong. One particular lady attended the party called the “Haunted Hotel Ball”. She fully expected to have a night of fun with her friends, but instead, ended up falling four floors where she suffered head trauma and died. Right before this, she was trying to slide down the railing of a flight of stairs.
Earlier this year, in July, her parents filed a lawsuit against the hotel claiming that they and the hosts of the party were negligent. Their claim was that both the hosts and the hotel did not attempt to control how much alcohol was consumed by each guest and didn’t have a proper amount of security to prevent people from hurting themselves. In compensation for the loss of their daughter, the parents are seeking more than half a million dollars. It is unknown what, if any, insurance the hotel and hosts had or didn't have buy anybody throwing a party with alcohol should look into what insurance they need should anybody get hurt during the party or while driving home from the party.
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For the most part, Halloween is a night of costumes, parties, scares, and/or trick-or-treating with most people coming away unscathed and unharmed. But whether you will be a partygoer or a party thrower, don’t forget to keep a lookout for something that can unintentionally cause harm.For anybody that will be hosting a Halloween party, or related events like haunted houses and corn mazes, and you have any questions regarding how much protection you have or don’t have under your home insurance policy (or your liability policy if you are a business), please give us a call at 305-270-2100.
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At Filer Insurance, Inc., we have been serving Miami and South Florida since 1919. We specialize in miami home insurance as well as miami auto insurance, miami life insurance and miami business insurance. Please give us a call, visit our website or come by our office for a free miami home insurance quote.
