Halloween is known for tricks, terror and treats. However,hapless party hosts, pumpkin patch proprietors and corn mazemeanderers have haunted courts. Click through to read about 5claims lawsuits that would send a shiver down the spine of anyagent or broker.

Haunted Houses

The Haunted House Assn. estimates that more than 2,000 hauntedattractions operate each year. This seasonal industry leaves a lotof room for disgruntled customers, so owners beware: Insure yourattractions properly, or you're in for a scare.

In the case of Deborah Mays v. Gretna Athletic Boosters Inc.,defendants operating a haunted house at the Mel Ott Playground inGretna, La., were taken to court by the plaintiff, Mays, who becamefrightened when an employee jumped out at her. Mays ran into acinderblock wall covered with black fabric and needed two surgeriesto repair her broken nose.

The court found the defendant had “no duty to protect Mays fromher reacting in 'bizarre, frightened and unpredictable ways'”because that is the natural and expected reaction to hauntedhouses. Duty of care owed to haunted house patrons is differentbecause courts recognize they are intended to scare people andaccomplish that end by producing an environment with limitedlighting and scary surprises.

Maze of Litigation

With the holiday's propensity for themes of bones, blood andgore, it's no surprise that Halloween accidents can be dangerous ordeadly.

In the case of Durmon v. Billings, the plaintiff met with a figuredressed as Jason Voorhees from the popular horror film “Friday the13^th” while walking through the defendants' corn maze.The character approached “Jason,” who wore a costume and mask, andwielded a running chainsaw above his head. The plaintiff attemptedto run away, but fell and broke her leg.

In the lawsuit, the plaintiff charged the maze owners withnegligence for the muddy condition of the field and for allowing“Jason” to use an instrument that could have harmed her. The courtfound that, upon entering the maze, the plaintiff had paid to befrightened and that the maze's condition was obvious. Therefore,the defendants were not responsible from protecting her fromJason.

If the defendants had failed to mention to their insurers thatthey operate a corn maze on their land, any accident occurringthere would not have been covered by the insurance policy. If foundat fault for an accident, the defendants would be solelyresponsible for paying the settlement.

Costume Coverage

Gone are the days when a sheet with two holes for eyesconstituted a costume. Those trying to circumvent the expense ofHalloween by making their own costumes should use common sensearound hazards like candles or fireplaces and be sure to read allmanufacturer warnings.

Susan and Frank Ferlito attended a Halloween party dressed asLittle Bo Peep and one of her sheep. Frank lit a cigarette andignited his sheep costume, which was constructed from Johnson &Johnson cotton balls. A jury found the couple 50 percent at fault,but still awarded the Ferlitos a combined $625,000 in Ferlito v. Johnson & Johnson.

The district court granted Johnson & Johnson's motion forjudgment notwithstanding the verdict. On appeal, the court affirmedthe district court's decision to set aside the jury verdict, andnoted that cotton is a “simple product with all its essentialcharacteristics apparent, including flammability.” Failure to warnwas not found to be proximate to the cause of the injuries theplaintiff sustained and he had not testified that he would not haveused the product if there had been a warning.

Risqué Risks

Issues can arise when adults wear costumes—especially thoseconsidered to be provocative—to work. Sexual harassment and otheractions that fall under behavior related to hostile workenvironments have become prevalent in employment law disputes.

A female sales employee filed a sexual harassment lawsuit when amale manager made lewd comments about her doctor costume. Heunbuckled his pants, motioned to his groin, and said, “Here,Doctor. It hurts here.” The defendant was ordered to pay a civilpenalty of $50,000 and related attorney fees for the plaintiff atthe conclusion of Devane v. Sears Home Improvement Products Inc.

Party Precautions

Megan Duskey went to the “Haunted Hotel Ball” hosted by PalmerHouse Hilton in Chicago in 2010. Instead of a fun night withfriends, Megan fell four floors to her death after attempting toslide down a railing and suffering head trauma.

Her parents filed suit in July of this year, allegingnegligence on the part of Palmer House Hilton as well as the eventcompanies hosting the party. The suit claims that the hosts andhotel allowed guests to consume unlimited amounts of alcohol andfailed to provide adequate security. The plaintiffs seek more than$500,000 in compensation for their daughter's death.