Can a Louisiana Haunted House Be ‘Too Scary’ According to the Law?

It is the time of year from Monroe to Olla and Zwolle to Venice that Louisiana families are smitten with the idea of being scared. Okay, some Louisiana families are smitten with the idea of being scared for Halloween. There are a certain number of us along the bayou that are just in it for the candy but we accept the scary part as a necessary evil in our procurement of candy.

Every year as the end of October nears folks around the state start to get caught up in discussions about "What scares you". We have compiled a list of things that really do scare people in Louisiana but our list is less about Halloween and more about living life in Louisiana on days that aren't set aside for fright.

During a recent discussion about Halloween and how those around us would be celebrating the question was asked, "Can a Haunted House in Louisiana be too Scary"? In this day and age of suing because hot coffee is too hot and frozen ice cream is too frozen, why couldn't you sue someone for scaring you into needing to change pants?

Yes, Haunted Houses Can Be Sued For Being Too Scary in Louisiana

But that is only half of the equation. You can sue just about anybody for any reason. Whether you will win that case depends on the evidence and the courts. And in the case of haunted houses and the courts, the courts have tended to side with the haunted houses.

The reasoning is based on what we read in an article published by The Law Office of Jon G. Bethune online. The New Orleans-based legal firm recounted several cases in which plaintiffs looked to earn damages against various "haunted houses" and in each case, the courts did not find the "haunted houses" to be at fault.

Many of the judgments appear to follow basic common sense and a "you should have known it was going to be scary" kind of reasoning. You can read more at the Bethune Law website.

Doesn't Louisiana Have a Law Against Wearing Masks?

One other thing I found on the same site regarding Louisiana's Mask Law, there is a special stipulation regarding Halloween.

Defendants' insureds and other trick-or-treaters owed a rather special duty to plaintiff. On any other evening, presenting a frightening or threatening visage might be a violation of a general duty not to scare others. But on Halloween at trick-or-treat time, that duty is modified. Our society encourages children to transform themselves into witches, demons, and ghosts, and play a game of threatening neighbors into giving them candy. And, to put it directly, plaintiff knew the rules of the game.

 

Those are the words of the First Circuit Louisiana Court of Appeals, as published by Bethune Law. It's good to know the courts understand what Halloween is supposed to be about.

And if you decide to go into a haunted house or spookhouse over the next few days, just remember even Matlock can't save you in Louisiana.