Haunted Houses and Corn Mazes Near Tampa: Do Liability Waivers Block Your Injury Claim?

As Halloween approaches, Tampa’s haunted houses and corn mazes come to life, offering thrills and chills for visitors. However, these spooky attractions come with their own set of risks. While these events are designed to be fun, they can sometimes result in accidents. Many places require visitors to sign liability waivers, raising the question: do these waivers prevent you from filing an injury claim if something goes wrong? 

What is a Liability Waiver?

A liability waiver is a legal document that participants are often asked to sign before engaging in activities that involve potential risks. By signing this document, individuals acknowledge the inherent dangers of the activity and agree not to hold the business responsible for any injuries that may occur. Haunted houses, corn mazes, and similar attractions are known for requiring visitors to sign these waivers, especially since these activities often involve elements of physical interaction, darkness, or unexpected scares that could lead to accidents.

While signing a waiver might seem like a simple formality, it’s important to understand its potential implications for your legal rights. Liability waivers do not necessarily absolve a business of all responsibility for injuries. In Florida, the enforceability of these waivers depends on various factors, including the nature of the injury and the level of negligence involved.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Attorney

Molli Gard, ESQ.

Attorney

Are Liability Waivers Enforceable in Florida?

Liability waivers are generally enforceable in Florida, but they are not ironclad. In cases where injuries occur due to ordinary negligence, such as a slip and fall caused by a wet floor or a malfunctioning prop, a waiver might limit your ability to file a claim. However, if the injury is the result of gross negligence or intentional misconduct, Florida courts may still allow you to pursue a lawsuit despite having signed a waiver.

Florida law provides some protection to consumers, ensuring that businesses are held accountable for certain types of negligence. For example, if a haunted house operator fails to maintain safe conditions, or if a corn maze has hidden hazards that aren’t addressed properly, the waiver may not prevent you from seeking compensation for your injuries.

The Limits of Liability Waivers in Personal Injury Cases

While liability waivers can reduce a business’s liability for common accidents, they cannot protect businesses from claims of gross negligence or willful misconduct. If you are injured due to unsafe conditions, faulty equipment, or inadequate safety measures, you may still be able to file a lawsuit.

In Florida, a waiver cannot shield an operator from liability if their actions or inaction directly contributed to your injury. For instance, if a haunted house has poorly designed walkways that result in tripping hazards or if a corn maze lacks proper lighting that leads to a fall, you may have grounds to pursue a personal injury claim. Even if a waiver was signed, the business could be found liable for injuries that occur due to unsafe practices or a failure to warn visitors of foreseeable risks.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

What Happens If You Are Injured in a Haunted House or Corn Maze?

If you are injured while visiting a haunted house or corn maze in Tampa, there are several steps you should take to protect your rights, especially if you signed a liability waiver. The first step is to report the incident to the event organizers immediately. This will ensure that the injury is documented, which can be vital if you later decide to file a claim.

Next, you should collect as much evidence as possible. This includes taking photos of the scene where the injury occurred, any potential hazards that may have contributed to the accident, and any visible injuries. If there were any witnesses to the event, make sure to gather their contact information as well. This information can help build your case and provide valuable testimony if the case goes to court.

It’s important to remember that even though you signed a waiver, the presence of hazardous conditions or negligence could give you a valid reason to pursue an injury claim. Tampa’s personal injury laws offer protection to victims of accidents, and signing a liability waiver does not always negate your right to seek compensation.

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The Role of Negligence in Injury Claims

When determining whether you can file an injury claim after signing a liability waiver, negligence is a key factor. In Florida, negligence is defined as the failure to act with the level of care that a reasonable person would exercise in similar circumstances. If an attraction operator is found to have been negligent—such as by failing to fix broken equipment, not providing proper safety instructions, or creating an unsafe environment—you may still have a valid claim despite having signed a waiver.

For example, if you are injured in a corn maze because the ground was uneven and no warning signs were posted, this could be considered negligent behavior on the part of the operator. Similarly, if a haunted house has poorly secured props or obstacles that cause you to trip or fall, and the staff did not take reasonable steps to ensure visitor safety, you may have grounds for a lawsuit.

Seeking Legal Advice for Injury Claims

If you’ve been injured at a Tampa-area haunted house or corn maze and you’re unsure about your ability to file a claim, it’s best to consult with an experienced personal injury lawyer. A skilled attorney can review the details of your case, evaluate the role of negligence in your injury, and determine whether the liability waiver you signed limits your ability to seek compensation.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

View More Results

At Serrano Law, we offer free consultations to help you understand your legal options. Whether your injury was caused by a slip and fall, a malfunctioning prop, or unsafe conditions, our team is here to fight for your rights and ensure that you receive the compensation you deserve.

Can Liability Waivers Prevent Injury Claims in Tampa?

In short, liability waivers can limit your ability to pursue an injury claim in some cases, but they are not foolproof. In Florida, waivers are enforceable in cases of ordinary negligence but do not provide complete protection for businesses involved in gross negligence or misconduct. If you are injured at a Tampa-area haunted house or corn maze, it’s essential to consult with a lawyer to assess the circumstances of your injury and determine your legal options.

Serrano Law is committed to helping personal injury victims in Tampa and throughout Hillsborough County. If you’ve been hurt at a haunted house, corn maze, or any other attraction, don’t let a liability waiver stop you from getting the justice you deserve. Contact Serrano Law today to schedule a free consultation.

To learn more about this subject click here: Filing a Personal Injury Lawsuit Against the Government in Florida: FAQs