This Man Sued a Haunted House for Being Too Scary [View all]
On October 15, 2011, Scott Griffin and friends went to the Haunted Trail in San Diego, a Halloween attraction run by the Haunted Hotel, Inc. Printed on tickets was a warning that the trail had 'high-impact scares.' Visitors walked a mile-long path along which actors dressed in ghoulish costumes and carrying prop weapons jumped out to frightenand even chasethem.
Griffin, then 44, and his friends completed the trail and walked through what appeared to be the exit. They were laughing about how much fun theyd had, when suddenly an actor with a revving chain saw came toward them. The Haunted Hotel calls this the Carrie effect, referring to the last scene in the 1976 horror movie, when the audience, believing the film is over, is surprised by one final scare.
Griffin tried to back away, but the actor followed him closely. Griffin yelled, 'Stop!' He couldnt tell whether the chain saw was real. 'He was pointing [the chain saw] right at me
You could literally smell the gas,' Griffin said in a deposition. 'He was literally running after me
I was fearful for my safety big-time.' While being chased, Griffin fell. He severely injured both wrists, which were in casts for four months.
On April 12, 2013, Griffin sued the Haunted Hotel, Inc., in the Superior Court of California, County of San Diego, for negligence and assault, claiming the defendants 'acted with conscious disregard for the safety of [Griffin] when they were aware of the probable dangerous consequences of their conduct.' He requested an undisclosed amount in damages to cover the costs of his injuries.
The Haunted Hotel responded with a motion to dismiss the case, arguing that the lawsuit was governed by the 'doctrine of primary assumption of risk.' Said the amusements attorney, David Hall, 'There was a risk inherent in the activitythe risk that you might get scared and react in a way that might hurt you.'
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