California Court of Appeal

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Griffin v. The Haunted Hotel, Inc., 066715

In an suit against the operator of an outdoor haunted house type of attraction for injuries sustained by plaintiff when he fell while fleeing from scary actor employed by defendant, the trial court's grant of defendant's motion for summary judgment is affirmed where: 1) under the primary assumption of risk doctrine, there is no duty to eliminate or protect a plaintiff against risks that are inherent in a sport or recreational activity; 2) the risk that a patron will be frightened, run, and fall is inherent in the fundamental nature of a haunted house attraction; and 3) there is no evidence creating triable issue that defendant unreasonably increased the risk of injury beyond those inherent risks or acted recklessly.

Appellate Information

  • Decided
  • Published 2015/11/20

Judges

  • NARES

Court

  • California Court of Appeal

Counsel