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Amusement Park Sued Over Trauma Caused During Halloween Event

  

Category:  News & Politics

Via:  johnrussell  •  5 years ago  •  15 comments

Amusement Park Sued Over Trauma Caused During Halloween Event
https://jonathanturley.org/2019/02/04/amusement-park-sued-over-trauma-caused-during-halloween-event/

S E E D E D   C O N T E N T






Amusement Park Sued Over Trauma Caused During Halloween EventEvery year we discuss new tort actions tied to Halloween as part of our “Spooky Torts” tradition . A new case was just filed by Shannon Sacco and her daughter over their visit to the Dorney Park and Wildwater Kingdom in Pennsylvania. The park, owned by Cedar Fair, included costumed employees as part of a Halloween attraction. Sacco claims that the costumes were too scary and caused trauma worth more than $150,000.





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The Allentown Morning Call reported  the lawsuit in Lehigh County Court.

The lawsuit describes how “M.S.” went with friends to the amusement park and was immediately approached by costumed characters. She said that she told them that she did not want to be scared and back away. Little further on into the park however a costumed employee alleged ran up behind her and shouted loudly. The startled girl fell forward and suffered what were serious but unspecified injuries. She alleges ongoing medical issues and inability to return to fully functioning activities. The lawsuit also alleges that the park failed to inform Sacco or her daughter that they could buy a glow-in-the-dark “No Boo” necklace to ward off costumes employees.

The obvious issue beyond the alleged negligence of the Park is the plaintiffs’ own conduct. Pennsylvania is a comparative negligence state so contributory negligence by the plaintiffs would not be a bar to recovery. See Pennsylvania General Assembly Statute §7102. However, it is a modified comparative negligence state so they must show that they are 50 percent or less at fault. If they are found 51 percent at fault, they are barred entirely from recovery. Even if they can recover, their damages are reduced by the percentage of their own fault in going to a park during a Halloween-themed event.

Their counsel clearly should see the problem with the availability of the “No Boo” neckless. Visitors would seem to assume the risk both by entering during this period and not purchasing the necklaces. Yet, if the Park did not notify patrons or notified them after they ran into the first line of ghouls, they can claim at a minimum that there was no assumption of that risk. However, the Park can say that the decorations, advertisements, and theme were sufficient warning for all those who entered.

Notably, the current website includes a warning that “On select weekends in the fall, Dorney Park transforms into Halloween Haunt featuring haunted mazes, scare zones, rides and monsters prowling the park. What you can see will scare you. What you can’t see will Haunt you. Fear is waiting for you. (The Halloween Haunt event is not recommended for children ages 13 or younger.)”

What do you think?




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JohnRussell
Professor Principal
1  seeder  JohnRussell    5 years ago
The lawsuit also alleges that the park failed to inform Sacco or her daughter that they could buy a glow-in-the-dark “No Boo” necklace to ward off costumed employees.

LOL. The amusement park was doing an extortion racket on their customers. Aint capitalism grand?

 
 
 
Split Personality
Professor Guide
1.1  Split Personality  replied to  JohnRussell @1    5 years ago

I think $10.00 apiece is a bit much and that's probably what this group felt also.

I guess they were wrong in retrospect.

Now we have what seems like a frivolous trial.

 
 
 
JohnRussell
Professor Principal
1.1.1  seeder  JohnRussell  replied to  Split Personality @1.1    5 years ago

They were 10 bucks apiece? I didnt know that. Thats pretty outrageous, Either give us 10 bucks or we will target you. lol.

It's kind of disturbing.

I went to Frightfest at Great America a couple times a while back. I might have paid ten bucks if they stopped playing the theme song from "Halloween" out of every speaker in the park all day and night long.  Like to drove me crazy after a while.

 
 
 
Buzz of the Orient
Professor Expert
1.1.2  Buzz of the Orient  replied to  JohnRussell @1.1.1    5 years ago

It drove you crazy?  Sue the bastards. In America you can sue for thousands if you get a sliver from a handrail.  America is the world leader in frivolous lawsuits, and what's worse is that they're successful.  In Canada most of them would get laughed out of court.

 
 
 
lady in black
Professor Quiet
2  lady in black    5 years ago

ENTER AT YOUR OWN RISK.....Is this woman that stupid.

 
 
 
JohnRussell
Professor Principal
2.1  seeder  JohnRussell  replied to  lady in black @2    5 years ago

Once inside the park patrons were given the choice to either BUY a "no boo" necklace that would keep the employees dressed as horror figures away from them OR they would have their eyes and ears assaulted by characters running up to them and screaming in their ears. Now, of course many of the customers like to be scared by these characters. And yes, if you go to an amusement park at Halloween these days you can assume something like this might be going on.

But why is the park SELLING the right to have the characters not assault you?

Why didnt they just give the damn "no boo" necklaces to customers if they wanted them?

 
 
 
Freefaller
Professor Quiet
2.1.1  Freefaller  replied to  JohnRussell @2.1    5 years ago
But why is the park SELLING the right to have the characters not assault you?

Because like most for profit businesses they like making money

 
 
 
Split Personality
Professor Guide
2.1.2  Split Personality  replied to  JohnRussell @2.1    5 years ago

you can order them online and have them shipped to you or have them waiting for you at the will call ticket window.

 
 
 
Split Personality
Professor Guide
3  Split Personality    5 years ago

Smells fishy.

This happened in 2017?

Also a record year ( $1.32 Billion in revenues ) for Cedar Fair Inc which operates, Cedar Point, Knott'sBerry Farms, Dorney Park, Valleyfair and World of Fun/Oceans of Fun.

Cedar Point and Knotts are 2 of the top rated, most visited parks in the USA, they are no slouches when it comes to safety & service within their parks.

While injuries are possible, most tickets and entrances have language that you enter at your own risk.

Seems kind of foolish for the Saccas to continue on after the first incident.

Don't want to be scared on Halloween?  Stay home.

Don't go to a Haunted House, Dorney Park or the Eastern State Penitentiary in Philadelphia.

They exist to take your money for entertainment. Yours and theirs.

 
 
 
Ender
Professor Principal
4  Ender    5 years ago

Please. It is a special event held on certain weekends.

Go when the event is not being held, problem solved.

 
 
 
Split Personality
Professor Guide
5  Split Personality    5 years ago

and some other opinions

Apparently they are also used at Kings Island, the number one attraction in the US.

Everyone requires that they be purchased as they are electronic with replaceable batteries.

$10 apiece, although people do chat on line to find out what the current year's color is and then try to find knockoffs at the dollar stores.

Who knew?

 
 
 
epistte
Junior Guide
5.1  epistte  replied to  Split Personality @5    5 years ago

Cedar Point has a special Halloween weekend promotion. I went one year and It wasn't a big deal. The problem is that because it is on the lake  and as such it is extremely cold with the winds off the lake, especially on the roller coasters.

 
 
 
Freefaller
Professor Quiet
6  Freefaller    5 years ago

Another contestant for the lawsuit lottery

 
 
 
Split Personality
Professor Guide
7  Split Personality    5 years ago

No wonder they had a record year,

they are selling talisman jewelry.

A stroke of genius - different colors every year.

smh

 
 
 
Split Personality
Professor Guide
8  Split Personality    5 years ago

good read

13. I will be going back again. I was scared to death, but it was so fun. I already cannot wait for next year.
 
 

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