When a Scare Actor Makes Contact: The (Likely) Settlement in Dickey v. Thirteenth Floor

This week's case is a fairly standard premises liability case. A scare actor jumps (I'm guessing from a bungee rig) from an elevated platform, lands on a patron, and allegedly knocks her unconscious. Eighteen months later, the resulting federal lawsuit ends with a dismissal that almost certainly reflects a settlement, which is exactly the way most haunt injury cases end. Dickey v. Thirteenth Floor Entertainment Group, LLC, filed in the U.S. District Court for the Eastern District of Louisiana. Whether it was a questionable injury or a performer's misjudgment, it is a good exemplar of how such cases often go.

The Facts

In October 2024, Tara Dickey, a visitor from California, walked through New Orleans Nightmare Haunted House at 319 Butterworth Street in New Orleans. The attraction is owned by Thirteenth Floor Entertainment Group, which is pretty much the world's largest Halloween-themed entertainment company, with more than fifteen locations across the country.

According to the complaint, a performer dressed as a clown was working the room she entered. As she walked through, the performer "negligently jumped from an elevated height" and kicked or landed on her head, neck, and back, knocking her to the ground and rendering her temporarily unconscious. When she came to, she was dazed and dizzy, with pain in her neck, shoulders, and lower back.

Her account of what happened next is worth noting: staff were immediately and "extremely apologetic," escorted her to a side room, took her statement, completed an incident report, and called an ambulance. She was transported to Ochsner Medical Center's emergency room. She later claimed ongoing treatment for headaches, neck and back pain, vertigo, memory loss, depression, tinnitus, and other symptoms consistent with a head injury.

In October 2025, she filed suit in federal court against Thirteenth Floor and the unidentified performer, alleging negligence — both by the performer directly and by the operator under a theory called vicarious liability, which holds an employer responsible for an employee's on-the-job conduct. Her complaint zeroed in on training and supervision: she alleged the operator allowed "hazardous performer interactions" without proper safety protocols governing how actors engage with patrons.

How the Case Ended

After preliminary court activity, and with the jury trial scheduled for January 2027, the case was dismissed with prejudice — meaning it can never be refiled — with each party bearing its own costs. This fact pattern generally means that the parties reached a settlement, with no public finding of fault. The timing is common also, because once a scheduling order issues, discovery costs start mounting fast, which incentivizes settlement.

What This Means for Haunt Operators

A fairly standard case leads to fairly standard lessons:

1. "No-touch" isn't just a courtesy — it's your liability firewall. The core allegation was a performer making forceful physical contact from above. Whatever your actor-contact policy is, elevated positions deserve special attention: a startle scare from a platform can become an impact injury with one misstep. Train for it, and document the training.
2. Your incident response will be Exhibit A — make it good. The staff at 13th Floor Entertainment did nearly everything right: prompt attention, an incident report, an ambulance. That documentation protects you, establishes the facts early, and signals professionalism. Note, though, that the plaintiff's complaint alleged that staff was "extremely apologetic" — train your team to be compassionate and thorough without making statements about fault in the moment. As a human being, it pains me to say that, because I would be just as apologetic, probably even if I didn't think I did anything wrong. In other words, I would want to do just as 13th Floor Entertainment did. It is just a natural thing for many to do. But as an attorney, I indeed would suggest avoiding admissions of fault or blame.
3. Vicarious liability means your performer's split-second decision is your problem. The performer was sued as "John Doe," but the operator was always the real target. Written protocols for performer-patron engagement — and proof you enforce them — are what stand between an individual actor's mistake and an allegation that your operation is run unsafely.
4. Settlement is the likely endgame, so plan for it. Most cases like this never reach a jury. Adequate liability insurance, early carrier notification, and good documentation determine whether a settlement is manageable or painful. Ask your attorney and your broker how a claim like this one would actually move through your coverage.

As always, consult with an attorney licensed in your state before making changes to your legal documents or practices.

Dickey v. Thirteenth Floor Entertainment Group, LLC, No. 2:25-cv-_____ (E.D. La. filed Oct. 6, 2025; dismissed with prejudice Mar. 27, 2026). No published opinion; case resolved before trial.

This post is general legal information, not legal advice. Consult a licensed attorney in your state before relying on any of the above for your business.