Amusement Park Sued Over Trauma Caused During Halloween Event
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.
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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LOL. The amusement park was doing an extortion racket on their customers. Aint capitalism grand?
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.
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.
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.
ENTER AT YOUR OWN RISK.....Is this woman that stupid.
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?
Because like most for profit businesses they like making money
you can order them online and have them shipped to you or have them waiting for you at the will call ticket window.
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.
Please. It is a special event held on certain weekends.
Go when the event is not being held, problem solved.
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?
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.
Another contestant for the lawsuit lottery
No wonder they had a record year,
they are selling talisman jewelry.
A stroke of genius - different colors every year.
smh
good read