My question is about liability waiver's...

[Theredisout1287]

Hello, I had a friend go to an extreme haunted attraction that requires you to sign a waiver before entering. She was told by the owner that his actors wouldn't physically assault her or do anything physical to her at all and in the waiver it implied that everything physical would be on accident and not on purpose by the actors. But she was basically lied too.
She was assaulted physically by the actors, as well as choked, to the point to where she passed out 6 times, and the owner also threatened her life if she said anything. She also pressed charges and got into contact with a detective and he told her that there was nothing to do about it because she signed a waiver. My question is... is this true? Because I find this hard to believe based on the fact that she was lied to by the owner about her not being assaulted, physically purpose not to mention being choked to the point of passing out. Which she also said wasn't in the waiver and the owner didn't tell her that this would happen either when screening her before going through the tour. I just find it hard to believe that nothing legal can be done. She also has bruises all over body and she has bruises on her face as well. I just need advice whatever advice anyone can give me is appreciated thank you.

Forgot to post this, but the waiver also had a safe word that was supposed to stop the abuse, she was also assured by the owner that it would end the abuse, but he lied to her again and they continued to abuse her.

 

[quincy]

Hello, I had a friend go to an extreme haunted attraction that requires you to sign a waiver before entering. She was told by the owner that his actors wouldn't physically assault her or do anything physical to her at all and in the waiver it implied that everything physical would be on accident and not on purpose by the actors. But she was basically lied too.
She was assaulted physically by the actors, as well as choked, to the point to where she passed out 6 times, and the owner also threatened her life if she said anything. She also pressed charges and got into contact with a detective and he told her that there was nothing to do about it because she signed a waiver. My question is... is this true? Because I find this hard to believe based on the fact that she was lied to by the owner about her not being assaulted, or physically assaulted on purpose not to mention being choked to the point of passing out. Which she also said wasn't in the waiver and the owner didn't tell her that this would happen also in the screening process that he does. I just find it hard to believe that nothing legal can be done. She also has bruises all over body and she has bruises on her face as well. I just need advice whatever advice anyone can give me is appreciated thank you.

What is the name of your state - and what is the name of your friend's state, if it is different from yours?

There is no "waiver" you can sign that will allow others to commit a crime against you.

 

[adjusterjack]

I just need advice whatever advice anyone can give me is appreciated thank you.

If the authorities won't prosecute there's probably nothing she can do about that.

However, not so with the injuries. This is a civil matter and the best advice that anybody can give her is to consult a personal injury attorney.

Meantime, take dated photos of the injuries while they are still visible.

 

[quincy]

... She also pressed charges and got into contact with a detective and he told her that there was nothing to do about it because she signed a waiver ...

I asked for your state name but did this even happen in the US? I cannot think of any US police detective that would say a waiver excused abuse.

 

[Theredisout1287]

Hello,

What is the name of your state - and what is the name of your friend's state, if it is different from yours?

There is no "waiver" you can sign that will allow others to commit a crime against you.

Hello, the state that she is from is Texas and she went San Diego California to take the tour.

 

[quincy]

Hello, the state that she is from is Texas and she went San Diego California to take the tour.

How very odd.

I suggest you tell her to see an attorney in her area for a personal review of what she experienced.


edit to add: I just read about McKamey Manor. It is strange to me what some people will do to fill their time. I would have your friend see an attorney for a personal review of the waiver and to discuss legal options.

 

[Theredisout1287]

How very odd.

I suggest you tell her to see an attorney in her area for a personal review of what she experienced.

I'm definitely going to do that, because I find it very odd, that this detective wont even try and investigate it at all because she signed a waiver. I told her and a few other people that I was talking with that there is no way that any waiver can allow you to be physically assaulted the way that she was, and their's no way that you can't get some kind of lawsuit going. It's ridiculous, especially because she had no idea that this was going to happen. She was lied to by the owner, completely.

 

[quincy]

I'm definitely going to do that, because I find it very odd, that this detective wont even try and investigate it at all because she signed a waiver. I told her and a few other people that I was talking with that there is no way that any waiver can allow you to be physically assaulted the way that she was, and their's no way that you can't get some kind of lawsuit going. It's ridiculous, especially because she had no idea that this was going to happen. She was lied to by the owner, completely.

There is much that I don't understand about the workings of the one particular "haunted attraction" that I read about. I will check when I have the time to see if any lawsuits or criminal actions have been taken against these places - but, yes, your friend should see an attorney in her area. I cannot believe any waiver of the sort apparently signed would hold up in court.

 

[quincy]

After a bit of research, I find your girlfriend may have some difficulty supporting a lawsuit against the haunted attraction.

Below are two links, the first to California Civil Jury Instructions (CACI) 408, Primary Assumption of Risk - Liability of Coparticipant in Sport or Other Activity, and the second to a haunted house case from California's Court of Appeals, Griffin v. The Haunted Hotel, Inc.

Assumption of Risk: https://www.justia.com/trials-litigation/docs/caci/400/408.html

Griffin v. Haunted Hotel, Inc: http://www.courts.ca.gov/opinions/nonpub/D066715.PDF

Your girlfriend should still see an attorney in her area to discuss what happened at the haunted house. There can be some liability if it can be shown the owner/employees acted recklessly, ignoring the high probability of danger to her or to others. Unfortunately, there is enough publicity surrounding these attractions (although they are certainly new to me) that those who choose to participate in a house tour know in advance the risk inherent in participating.

Most of the haunted attraction lawsuits, as a side note, seem to come out of Louisiana. They are fond of haunted houses there but apparently not fond of what happens in them.

 

[Just Blue]

Jus' to say...Haunted Happenings in Salem is Better and less like to cause strangulation blackouts.

 

[henbob6]

Jus' to say...Haunted Happenings in Salem is Better and less like to cause strangulation blackouts.

Parking's a PITA, but it's a wicked good time!

 

[quincy]

I have always liked haunted houses but these extreme haunted houses make no sense to me.

Being kidnapped, bound, gagged and choked, having your face submerged in water, having your hair cut off, being forced to eat questionable things ... I really really don't see the appeal.

Perhaps I am a wuss, but I prefer "kid friendly" scary houses.

 

[Just Blue]

Parking's a PITA, but it's a wicked good time!

Last time I went we had to walk from the Marblehead/Salem line....but it was, as you say, wicked good!!

 

[quincy]

Last time I went we had to walk from the Marblehead/Salem line....but it was, as you say, wicked good!!

I am not familiar with that haunted house but just don't expect to be successful with a suit if you are injured. Those who are injured in haunted houses do not fare well in the cases I looked at.

But perhaps the attorney theredisout's girlfriend sees can find something to support a legal action.

 

[Just Blue]

I am not familiar with that haunted house but just don't expect to be successful with a suit if you are injured. Those who are injured in haunted houses do not fare well in the cases I looked at.

Oh Sweetie!! HH is NOT a Haunted House...It is a Haunted City in Salem, Ma. For 1 month. Kinda something you gotta see to believe.

Google it Quincy...

It really is very fun!!