I will be running a haunted house this Halloween, would a proper disclaimer would be enough to protect my landlord and Iif an individual were to get hurt?

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I will be running a haunted house this Halloween, would a proper disclaimer would be enough to protect my landlord and Iif an individual were to get hurt?

Asked on September 14, 2010 under Personal Injury, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, a disclaimer would probably NOT be sufficient to protect you from liability in a case like this. Or rather, it's not good enough protection, since while it's sometimes possible to protect against the "natural" risks of an activity (e.g. against running into a wall in the dark and breaking your nose, because you were scared by the attractions), it's very hard to protect against anything related to your maintenance, set up, or actions--so, for example, someone tripping on badly-placed extension cord or loose board. It's also harder to make disclaimers hold up against children/minors than against adults. You should make sure you have adequate insurance before doing anything like this, to make sure you are protected.


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