# Liability lssues



## Ryan Wern (Dec 3, 2009)

What can I do to limit my liability in my home haunt? Is a warning sign enough?


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## Frighteners Entertainment (Jan 24, 2006)

1st thing is to make it as safe as you possibly can.


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## The Watcher (Sep 13, 2008)

This is a great question. I wish I knew. Frighteners is right about being as safe as you can.If a store bought prop hurt someone, I would think the builder hold liability. But if something happens with something you make and and it hurts someone I guess it falls back on you. Enter at your own risk signs might help I don't know. Some of what I build I don't think anyone expects to be find. So dose that make it above the normal circumstance of Halloween and TTing. I hope someone here might have the answer. I enjoy it to much to quit. Some times it looks like all the law in this country, affects good people more then the bad. I do thing setting up a path to keep them on might help. I know it will help keep your props safe. I mean we were told not to serve drinks at my DD wedding. Make them pay for them, so we wouldn't be responsible???


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## RoxyBlue (Oct 6, 2008)

I'd recommend talking to your insurance agent. You can be held liable for anything that happens on your property, regardless of whether the injury is caused by a store-bought prop or one you made yourself. A warning sign is certainly a place to start, but it's not a guarantee you won't get sued.


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## The Watcher (Sep 13, 2008)

You can be held liable for anything that happens on your property, regardless of whether the injury is caused by a store-bought prop or one you made yourself. 

My bad, Thanks RoxyBlue. I thought it would be like cars. When they first find out something is wrong, like the pedals now. If it caused a accident, they hold the liability.


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## RoxyBlue (Oct 6, 2008)

'Sokay, Watcher I believe you are still correct if it were a case where you were injured by something you bought and negligence on the part of the manufacturer could be proved. Someone else being injured on your property is a different matter.


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## Frighteners Entertainment (Jan 24, 2006)

A long story I have on the short....you CAN loose your insurance by having a home haunt.
Been there, done that.
So, do talk to your agent, would suggest getting it in writing too.
Depending on your insurance company (state farm being the biggest offender) will find a loophole to not cover you if something does happen. It's just not worth the risk.


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## jaege (Aug 23, 2009)

That is one of the reasons I don't do a walk through haunt. Liability is a real b^&*h. Not to mention the wear and tear on your house, potential things being broken or stolen. A display satisfies my needs well enough. There is no liability there, as there is no implicated invitation to enter the property. At least that is the law in MD. Of course if a TOTer were to trip going up to your door you could still be sued, but homeowners would cover that.


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## ScreamingScarecrow (Oct 1, 2008)

jaege said:


> ... Of course if a TOTer were to trip going up to your door you could still be sued, but homeowners would cover that.


[This is not legal or insurance adivce it is simply my understanding of how some of these things work...]

I just wanted to comment on the part about if the TOT trips on the way to your door and your homeowners covering you in the event of a lawsuit...
It is my understandng that they would cover you if the TOT tripped on say their costume however if the proximate cause of the trip was one of your props or any other unsafe condition that you created, your homeowners MAY elect to not defend you.

Someone mentioned signing a waiver in another thread but keep in mind that signing a waiver is a legal contract between you and the signee and it is my understanding that minors can not be held to legal contracts so you'd have to get their legal guardians to sign for it to be valid.

All this is great info but like everybody has already suggested the best and most correct advice will come from your insurance agent and lawyer. And don't be afraid to double check one's story against another's because even in their business some bulbs are brighter than others.

So once again, always be as safe as possible! Look for and remove any and all safety hazards. 
Cheers to Safe Home Haunting For All.


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## Wyatt Furr (Jun 5, 2006)

Our Homeowners Insurance was sued when a TOt'ers Grandmother tripped on the city's curb and fell into our property.They paid up, cause Nevada is such a sue-happy state ,they knew they would not win, even when it was shown that the person was negligent.The next year I spent Halloween passing out candy from the end of the path nearest to the street.
FYI, the suing party were the neighbors across the street.
So much for living on Henderson's version of Wisteria Lane.......


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## Zurgh (Dec 21, 2009)

*Some ideas....*

If you have have not done so yet, set up security cameras. Not only good for catching mischief & reaction footage, but can record accidents that were not your fault. Post the "CCTV" warning signs clearly. This threat can stop some con-artists & promote better behavior of your guests.

Also, record a dry run through your haunt. Make it a point to showcase "safety" features, walkway clearances, precautions you've taken, etc... Don't use spliced or damaged extension cords or those with the grounding fork removed for power (preferably outdoor type) & plug into a GFI type outlet. Check all air hoses, etc... CYA, Cover Your Assets! Document everything, from the potholes in the street to the flaking paint next to your doorknob. Have this available for your Insurance agent and/or lawyer.

Try to make the path to your door as clear & defined (a fence, too?) as possible. Fix any loose stepping stones, crumbling concrete, stair steps, wobbly cobbles, etc.... The Idea is to not only get your haunt as safe as possible, but shield you from any blame or wrongdoing in the form of neglect.

Also deny all responsibility for everything. (Morally wrong, yes! but once you admit responsibility, it's all your fault, regardless if it was or not.... You never even guessed kids would show up to your house on the 31st & you just happen to put up decorations & have treats! And you say it was Halloween as well? WOW, just what are the odds????) Not only is insanity a good defence, it may be the only defence.:googly: If your at fault, pay the piper, but still admit nothing!

But this is California, Land of the Lawsuit. After all your precautions, a thief can still fall through your skylight & sue you for not having a warning sticker on it & win. If you charge even a penny, the ADA will require handicap bathrooms & wheelchair ramps. Not to mention Permits, inspectors, and other paperwork nightmares.

You could hire a clan of Ninja to make any litigious idiots "disappear" just after an "accident" happens....:ninja:

Me, I do all this, and keep the Ninjas handy...:googly:

Oops, I forgot to add that I think this is a gardening forum that helps me build better scarecrows that happen to look like zombies & monsters..... & garden pests are confused by graveyards. What's all this talk of Halloween?


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## tot13 (Jul 25, 2007)

I agree with Roxey; talk to your insurance agent. My situation is the same only different as I run a haunted trail on someone else's property. I buy "special event" insurance to protect my landowner as well as "The Trail" (me). Finding an agent to write these policies is difficult, at least in my area, but worth it for the peace of mind. I'd suggest you set up a donation bucket if you decide that you need special event insurance after talking to your agent. My policy is for the five specific nights the Trail is open and costs about $750. It's our single biggest expense after security.


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## Frighteners Entertainment (Jan 24, 2006)

If you live in MI, IN, OH or IL I have someone that can get you the insurance you need.
Dan Iott owner, has many offices.
Long story short "again"
We we paying over $2000 a yr just on the house we live in...lost coverage because of our walk through haunt (which has ceased 2 yrs prior) and was free, no doantions...nothing.
We were able to keep AutoOwners with him at the helm ( an underwriter for AutoOwners was demoted, no kidding)
We now are paying around $1800 a year for both homes, auto and a life insurance policy...more than $200 less (for everything, saving over $1500 total) and are insured for more....yes, MORE!
so, if you have questions and I would hope that you do he can be contacted at 877-314-7050
www.benzinsurance.com
Dan Iott

He also has FE covered as well, policy even covers me for tradeshows at around $400 something a year.

It's worth a call.
And you can even tell him I sent you, really.


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## jaege (Aug 23, 2009)

That is true. Don't take the word of these armchair lawyers. Check it out for yourself.


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## tot13 (Jul 25, 2007)

Wyatt Furr said:


> Our Homeowners Insurance was sued when a TOt'ers Grandmother tripped on the city's curb and fell into our property.They paid up, cause Nevada is such a sue-happy state ,they knew they would not win, even when it was shown that the person was negligent.The next year I spent Halloween passing out candy from the end of the path nearest to the street.
> FYI, the suing party were the neighbors across the street.
> So much for living on Henderson's version of Wisteria Lane.......


Man, that's crap. I hate you had to experience that especially since you were just trying to have a good time and entertain the tot's by making a fun night even more special. Some people just suck . . . even more than vampires, lol.


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## The Watcher (Sep 13, 2008)

tot13 said:


> Man, that's crap. I hate you had to experience that especially since you were just trying to have a good time and entertain the tot's by making a fun night even more special. Some people just suck . . . even more than vampires, lol.


I totally agree. That is just ridiculous. Did they go up on your rate too? I know here if it snows. We have shops that will not open. Just So they can't be sued.


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## jaege (Aug 23, 2009)

America is a litigious country. What can we do? A woman once hit my car with her van and then tried to sue me. She was driving a POS and I was driving my Z-4, so I guess she thought this was her lottery ticket.

Sorry for the sidetrack.


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## RoxyBlue (Oct 6, 2008)

jaege said:


> America is a litigious country. What can we do? A woman once hit my car with her van and then tried to sue me. She was driving a POS and I was driving my Z-4, so I guess she thought this was her lottery ticket.
> 
> Sorry for the sidetrack.


Bad, bad Jaege


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## The Creepster (Sep 18, 2009)

everything can be solved with a ball-peen hammer, if people fall at my haunt they apologize to me for creating a scene


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## jaege (Aug 23, 2009)

Lol. Creepster, you have a wry sense of humor. It tickles me in my dark and twisted place.


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## waldiddy (Aug 4, 2008)

jaege said:


> A woman once hit my car with her van and then tried to sue me.


Yep, that happened to me once too. My insurance agent said the same thing ... people get in an accident and think they've hit the lottery.


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## Frighteners Entertainment (Jan 24, 2006)

Actually when it was all over, my rates went down...still have auto owners ins. too.


The Watcher said:


> I totally agree. That is just ridiculous. Did they go up on your rate too? I know here if it snows. We have shops that will not open. Just So they can't be sued.


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## debbie5 (Mar 2, 2007)

My dad fell at a very crowded rollerskating rink and the guards on the floor didn't respond & keep people away from him, and another skater stomped on his wrist, severely breaking it. Medical bills were huge (no med insurance) so my parents were forced to sue since guards didnt protect him. Case was lost solely on the grounds that the rink had a sign posted that said NOT RESPONSIBLE FOR INJURIES.
So I guess it goes both ways...


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## scarymovie (Feb 14, 2010)

You should make sure you have insurance just in case! Make sure you follow fire hazards and if you have strobe lights make sure you put up a sign people with pace makers should know! Also dont touch anyone make sure your actors if you have a haunted house follow that rule also tell people if you dont touch the actors they will not touch you!


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