By james art 
By David Shapiro | Founder, Shapiro Law Team
As fall approaches, fall festivals and haunted houses are popular attractions for seasonal fun. Unfortunately, accidents can happen that can potentially lead to injuries and legal action. Here are some tips to keep you safe and informed, including understanding waivers and how to document injuries if they occur.
Understanding waivers: Many seasonal events require attendees to sign a waiver. These documents outline the risks involved and release the event organizers from liability for injury or damage. Disclaimer language can sometimes be confusing. When reviewing one, check whether it only applies to specific activities or generally releases the organizer from all claims. Some exemptions only protect the organizers, while others cover all participants in the event. Be wary of any clauses that may require you to indemnify the promoters for claims arising from your participation, which may increase your liability. If you feel uncomfortable signing, don’t feel pressured to do so. If you sign, take a photo of the waiver for your records.
What are you giving up?: By signing a waiver, you generally give up the right to sue the organizers for injuries or damages during the event. However, this does not automatically disqualify you from receiving compensation. Disclaimers do not protect the promoters from liability for reckless or willful acts, nor do they relieve them of their duty of care. Local laws and the specific circumstances of each incident determine how applicable the waiver is. Even after you’ve signed, you can still seek compensation if the organizer’s negligence, such as failing to provide a safe environment, results in your injury. Organizers are responsible for maintaining safety and may be held liable if they breach this duty.
What to do if you are injured: If you are injured at a seasonal event, seek medical attention immediately and report the incident to event staff. You’ll want to gather documentation of the incident, including security camera footage, photos of the accident scene and injuries, and statements from anyone present at the time of the incident. Be sure to request copies of medical reports and accident reports for your records. Track all related expenses, including medical bills, lost wages, and ongoing medical expenses. Detailed documentation is essential for legal and insurance purposes.
Determining damage: Assigning blame for an accident at a fall festival or haunted house can be tricky. Factors include whether the organizers failed to provide adequate safety measures, whether the injuries resulted from inherent risks of the activity, or whether the injured person’s actions contributed to the accident. A thorough investigation of these factors is needed to determine liability and ensure that injured parties receive the compensation they deserve.
By understanding the waiver language, carefully documenting injuries, and assessing liability, you can better navigate potential legal challenges if an accident occurs.
If you’re not sure what to do after an injury, consult with an attorney who can guide you on next steps and whether you may be eligible for compensation.
Editor’s note: Attorney and Scottsdale native David Shapiro is the founder of Shapiro Legal Teamwith offices in Phoenix and Mesa. Reader reactions, pro or con, are welcome [email protected].