Halloween Lawsuits Could Scare More Than Just Trick-or-Treaters
Washington, D.C. – As Halloween approaches, Protecting American Consumers Together (PACT) is issuing a consumer awareness alert to help families stay safe – not just from ghosts and goblins, but from the growing number of lawsuits that seem to appear each October.
Across the country, Halloween has become a hotspot for litigation, with cases ranging from class-action candy packaging lawsuits to property injuries and haunted-house scares gone wrong.
“Halloween should be about costumes and candy — not courtrooms,” said Lauren Zelt, Executive Director of PACT. “When billboard lawyers start advertising for haunted-house injuries, it’s clear America’s lawsuit culture has gone too far. Families deserve to enjoy Halloween without fearing a lawsuit on their doorstep.”
Lawyers note that if “you decorate your lawn with a giant skeleton or inflatable Mickey Mouse, you’re signaling to the neighborhood that you’re participating in Halloween. In legal terms, that invitation matters. Trick-or-treaters are considered invitees, guests who are owed the highest duty of care.”
Recent examples of Halloween trouble include:
- In Connecticut, someone who went trick-or-treating stumbled over an extension cord that was powering spooky decorations. The family sued. The homeowner was found responsible.
- According to lawyers, “rotten pumpkins left on steps have caused trick-or-treaters to slip and fall, leading to… claims against homeowners.”
- One billboard lawyer firm markets themselves as Halloween dog bite attorneys.
- Another billboard lawyer advertises specifically for “Haunted House Injury” cases, advertising that “many waivers are not specific enough, which leaves you room for you to pursue compensation.”
- Bloomberg Law reported on a haunted-house lawsuit where a guest sued after being startled and breaking his wrists. As Bloomberg noted: “Can someone who paid to be frightened sue when things go too far?”
- In Michigan, a woman injured herself in a dark room inside the Erebus Haunted House. The Haunted House had disclaimers and release on the back of every ticket, in addition to warning signs. They later settled for $125,000.
PACT urges all homeowners to take simple, commonsense precautions this Halloween:
- Check your liability insurance: Is your homeowners policy up to date?
- Inspect your property: Are rotten pumpkins removed, your walkways clear, your lights bright – and your skeletons securely bolted down?
- Be cautious with the scares: If you host a haunted attraction, remember that waivers don’t always protect you from litigation.
- Keep your pets safe inside.