Ghosts on Trial

When your haunted house visit leaves you with more than just nightmares

Haunted House LawsuitsNow that it’s October, signs of fall are popping up all over Denver. Leaves are changing, pumpkins are popping up on front porches, and advertisements for haunted houses are appearing.
If you’re one of many haunted house patrons, you may love the fear and suspense that comes from these attractions. But not everyone leaves haunted houses unafflicted. If you come away feeling harmed, don’t blame the ghosts, clowns, and zombies, accordingly to recent court decisions.

In a recent lawsuit, an adult became frightened while visiting a local haunted house and attempted to flee the house to get away from a saw-wielding employee. During his attempted escape, he fell and injured his arm. The man then sued the haunted house. The lawsuit was eventually thrown out of court with the judge noting that “the point of the [haunted house] is to scare people.”

In another lawsuit, an adult sued a haunted house for emotional distress after seeing what she described as excessively gory and frightening scenes during the tour.

Being frightened is an inherent risk, and often the whole point, of visiting a haunted house. When a customer visits an attraction and becomes injured, either physically or emotionally, due to an inherent risk, it is difficult to recover damages. It is only when the haunted house unreasonably increases the normal inherent risks of a haunted house that they can become responsible for injuries. For example, if a large quantity of fake blood on the floor caused slippery conditions that led to a slip-and-fall injury, this may be actionable. However, simply the fright caused by such a scene would be considered an inherent risk.

If you venture out into one of Denver’s many frightening haunted houses this October, make sure you know what you’re signing up for.

Holiday Toy Drive

On December 15, 2014, the Law Offices of Daniel T. Goodwin dropped off its contributions to its 2014 Toy Drive benefiting the Boys and Girls Club of Metro Denver. Much thanks to everyone to making this year a success!

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Holiday Toy Drive

The Law Offices of Daniel T. Goodwin is co-hosting a Holiday Toy Drive benefiting the Boys and Girls Club of Metro Denver. We are collecting new toys for local children to be delivered on December 20, 2014.

To learn more or get involved, visit: http://www.bgcmd.org/toy-drive

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Red Bull Settles Lawsuit for $13 Million

Red Bull recently settled a 2013 Class Action lawsuit for 13 million. The cause of action? Because drinking red bull did not give its customers wings.

The lawsuit against Red Bull, led by Benjamin Careathers, claimed that consumers of the drink did not benefit from any mental or physical enhancements, though the product states in its advertisement that it “gives you wings.”

A Class Action lawsuit is a suit where a group of people, under similar circumstances, sues another party, which is usually a corporation. A Class Action can have numerous benefits, including lowering the cost of litigation and improving the efficiency of the courts. Additionally, it is a method used to attempt to control the class of people that the Defendant is a part of. However, Class Actions have several criticisms. A major critique is that they undermine the public’s perception of the court system.

What is Medical Malpractice?

  1. Medical malpractice is professional negligence by a health care professional or provider. Negligence means that the professional provided treatment that was substandard, or fell below the standard of care.
    What are some examples of medical malpractice?
    – Misdiagnosis or Delayed Diagnosis: this occurs when a provider misdiagnosis an illness, or fails to diagnose an illness. The patient may miss treatment opportunities because of this error.
    Childbirth Injuries: this includes negligent prenatal care and care received during childbirth.
    Medication Errors: this includes prescribing too much of a medication, or an incorrect medication.
    Surgery Errors: Surgical errors may occur during surgery (e.g., negligent surgical techniques) or post-operative care (e.g., failure to monitor a patient.)