The well known Haunted Hotel features actors in ghoulish costumes who frighten, startle and sometimes chase patrons amid loud noises and flashing strobe lights in a one-mile loop in Balboa Park.
November 2, 2022
The well known Haunted Hotel features actors in ghoulish costumes who frighten, startle and sometimes chase patrons amid loud noises and flashing strobe lights in a one-mile loop in Balboa Park. Patrons follow a narrow trail in the natural park setting, passing from one horror set to the next, each telling a different gruesome story. Along the way, actors jump out of dark spaces or spring from around corners, often inches away from patrons, holding bloody prop knives, axes or other weapons, or a severed body part. If a patron becomes frightened and runs away, one of the actors will often chase after the person. Katie was visiting her friends from out of town. Katies friends told her they wanted to take her to a Haunted Hotel. After arriving at the Haunted Hotel, one of the chainsaw-wielding actors approached Katie. Katie became frightened and ran away. The chainsaw-wielding actor chased after her. Katie then tripped and fell, injuring herself. The chainsaw-wielding actor laughed at Katie and walked away.
2. Rules of Law to Consider:
– Assault: An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
– Battery: An actor is subject to liability to another for battery if (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (b) a harmful contact with the person of the other directly or indirectly results.
– Primary Assumption of the Risk: Under the primary assumption of risk doctrine, the risk of injury is such an inherent part of an activity that the defendant has no liability for ordinary negligence.
– Can Katie recover for assault against The Haunted Hotel?
– Can Katie recover for battery against The Haunted Hotel?
– Is Katie precluded from recovering anything from The Haunted Hotel because of the Primary Assumption of the Risk doctrine?