When we hear “Halloween”, we often think of haunted houses. They are a source of laughter for some, and a source of screams and fright for others. The situation can quickly go from the former to the latter when an accident occurs. Do you know who’s liable in the event of such an accident?
The owners of haunted houses are responsible for ensuring that a house is safe for visitors. However, you’ll need to prove that the owners were at fault. For example, if a heavy metal ornament was hung with simple, flimsy plastic ties, the owners will probably have to compensate you for the harm since they did not act like a reasonable person would’ve acted in the same situation.
If the accident is unrelated to the owners’ behaviour, they may not be held responsible. In general, the law requires reasonable behaviour, not perfection.
Your neighbour must control their guests and prevent excessive or intolerable behaviour. For your part, you must accept the normal inconveniences of living with neighbours. It’s normal for Halloween night to be rowdier than most. But it’s not normal for your property to suffer the consequences.
No one can limit or avoid responsibility for physical or psychological injuries caused by their own fault.
Even if the owners had you sign a contract in which you agreed to shoulder all risks and waive your right to sue for damages, these clauses would have no legal value. Clauses or statements of this kind are not valid according to the law.