§ The Reading List

Other Haunt Law Resources and Reading.

Curated articles, guides from external sources, and resources for haunted attraction operators and legal professionals — from NFPA, OSHA, the HAA, and the trade press.

Remember, we have not checked all of these articles for accuracy, and also keep in mind they often are jurisdiction-specific. Make sure you adapt the teachings to your current jurisdiction, in consultation with your attorney.

Waivers, Releases & Assumption of Risk

GuideRecreation-Law

Assumption of Risk in Outdoor Sports and Recreation: A Checklist

A practical checklist for operators on how to write an effective Assumption of Risk section — covering worst-case scenarios, common hazards, and the requirement that guests knowingly agree to the specific risks of the activity. Useful context for haunt operators drafting or reviewing their legal agreements.

ReferenceRecreation-Law

Enforceability of Pre-Injury Liability Waivers in Recreation: A 50-State Overview

An essential reference for any operator working across state lines or unsure whether their waiver will hold up locally. Some states refuse to enforce pre-injury waivers entirely; others enforce them broadly.

ArticleSadler Sports & Recreation Insurance

Are Electronic Signatures Accepted on Waiver/Release Forms?

As more operators move to tablet-based or online waivers, this piece from a recreation-focused insurer examines whether e-signatures hold up and what to watch out for.

GuideSadler Sports & Recreation Insurance

Haunted House Insurance: Risks, Waivers & Liability Coverage

A recreation insurer's comprehensive guide to haunted attraction liability — covering common injury risks, safety best practices, and a section on waiver and release forms explaining how properly drafted agreements can support an assumption of risk defense and sometimes result in lawsuit dismissal at summary judgment.

ArticleMcGowan Allied Specialty Insurance

Haunted House Safety: What to Consider and How to Mitigate the Risks

A specialty insurer's overview of the safety and risk management steps haunted attraction operators should have in place — including liability waivers, assumption of risk documentation, patron safety protocols, and the operational practices that affect both claims exposure and coverage.

ArticleGetLegal

Safety and Scares: Liability Law and Haunted Houses

A legal information overview of how liability law applies to haunted attractions — covering the operator's duty of care, premises liability, assumption of risk, and the role waivers play in limiting exposure when guests are injured during the haunted experience.

Fascinating Lawyer-Written Halloween Law Pieces

ArticleProf. Victoria Sutton · Substack, Oct 2024

The Law of Haunted Houses

A law professor's survey of haunted house liability, covering the "no duty not to scare" doctrine and the growing body of Halloween law that's developed around it.

ArticleDaniel B. Moar · NYSBA Journal, Oct 2011

Case Law From the Crypt: The Law of Halloween

A thorough survey of Halloween-related legal issues from the New York State Bar Association Journal, covering haunted attractions, costume disputes, and property law oddities.

ArticleDylan D. Erwin · Oklahoma Bar Association, Oct 2022

The Tort on Haunted Hill

Young Lawyers Division piece from the Oklahoma Bar examining tort liability at haunted attractions, with analysis of assumption of risk and the cases that define its limits.

ArticleKathryn A. Ritcheske · Texas Bar Journal, Oct 2014

House of Horrors: Delight in Fright at Your Own Risk?

Published in the Texas Bar Journal, this article examines haunted house liability through Texas premises liability law, including the business invitee standard and the operator's duty of care.

ArticleCoverage Opinions · Vol. 4, Iss. 10, Oct 2013

From Boo To Sue: Are Haunted Houses Liable For Scaring Their Visitors?

A detailed look at the liability landscape for haunted attractions from an insurance coverage newsletter, covering assumption of risk, waivers, and the operator's duty of care.

ArticleLegalMatch Law Blog, 2024

Are Haunted House Waivers Too Spooky for Personal Injury Lawsuits?

An accessible overview of how haunted house liability waivers work and when they hold up in court — and when they don't.

ArticleStephanie Farne · RIPS Law Librarian Blog, Oct 2021

So You Want To Get Spooky in Your Legal Research Class This Week…

A roundup from law librarians of Halloween-themed legal research topics — including haunted attraction cases — with links to primary sources and research tools.

Law Review NoteBoston College Law Review · Vol. 67:641

The Lack of Regulations Will Make You Scream: The Rise of Haunted Houses

A student Note arguing that haunted houses require federal regulation under the Consumer Product Safety Act, that arbitration clauses in the industry should not be enforced in high-injury contexts, and that assumption of risk still provides a workable baseline for courts.