Haunted House Lawsuits ...

[drfrightner]

It came to my attention over the weekend that a certain haunters is allowing themselves to be used as an expert witness against other haunters... meaning an attorney pays this person a fee for expert testimony against other haunt owners. I have been called at least 20 times by attorneys trying to retain me to be an expert witness in a case against another haunter... not only do I refuse but I try to convince them why I don't think they have a great case. In most cases they do not.

Who thinks its right for a haunter to allow themselves to testify against other haunt owners for profit? I don't and will not ever do that!

I think that is the most wrong of the wrong something in my opinion should banish the person for life from this industry. I'm disgusted right now that someone would take money to hurt our industry and fellow haunt owners.

What is your take on this?

Larry

[sean]

I agree 110%. In my "regular" job as a Police Officer, there are officers who offer testimony both for, and against, other officers via expert testimony. Same thing, different situation. Either way, the expert is PAID to give an opinion consistent with that of the attorney that has hired them. I agree Larry, I'd never go against my brothers and sisters in the law enforcement world or the haunt world. disgusting either way you look at it.

[Toothpaste]

I'm shocked that an expert witness from a non-related haunt would make a credible testimony. I guess it depends on the type of lawsuit, but what exactly is an expert haunter witness going to provide? Industry information?

Sounds more like they would need character witnesses if anything. By the way, all witnesses get paid, usually by the government.

[drfrightner]

Well I think this is a serious issue how can you say you are for the industry but you'd sell out the industry at the same time. Haunters can have many differences but being an expert against another haunt especially when you have no dog in the fight is what I would call the lowest of the low. I just got called again a couple days ago to be an expert on an air cannon that supposedly made someone go deaf... no thanks. For one I don't belief it, and two not doing that to another haunt owner.

Larry

[afears]

Obviously I don't know the specifics of the situation, but is it possible that being an expert witness could actually be a way to assist and support our fellow haunters? Just because an expert witness is used doesn't mean that they are going to contribute to the prosecution's case. They may actually be able to sway a jury/judge in a fellow haunter's favor. There a lot of things about our industry that the general public are clueless about. (For example... our local City officials, building inspectors and fire marshals.) We should (and do) consider ourselves a tight knit family so if we thought we may be able to actually help our industry why wouldn't you do it? (Other than the fact that the court system is a huge nightmare of a process.) This is just some food for thought.

[drfrightner]

I don't think so not the way this expert is doing it... a gun for hire approach. Oddly enough I was just contacted AGAIN yesterday by a lawfirm who represents a haunt Kevin from Gore did some work for and they want me to be an expert for their defense. I get these calls all the time but typically they are to help the attorney who has made a claim in other words against a fellow haunt owner.

Lets say you have a case where you had a guy with a chainsaw and a person got scared ran on their own and hurt themselves... so a haunter you KNOW was paid money to testify against YOU to say something like you shouldn't be doing that, blah, blah whatever.

That is without an ounce of class in my book... get paid to hurt a fellow haunted house owner.

Larry

[afears]

In those instances I absolutely agree Larry! Like I said it really would depend on who was hiring you and what the situation was.

[sean]

More often than not, the "expert" is hired for their "opinion" (Paid in full of course) before it gets to any trial. All done during the deposition stage and prior to summary judgement. The expert is simply used to try and get the mediator to let the case move forward and/or get the other side to settle

[RJ Productions]

I actually testified years ago as an expert witness for the Defense. In this case it was an unscrupulous haunt owner suing a respectable haunt owner. (I testified for the GOOD guy!!!) In my case the schister was claiming he was going into the Vegas market (my market) and was going to lose a million plus dollars because the respectable haunter was preventing him from going there. Vegas is a 24 hour town and he would be able to stay open to accommodate different shift workers and make a ton of money!!! ! I was able to provide the correct info on the subject, which the judge found quite enlightening, helping to win the case for the good guys!!

However I would NEVER even consider testifying against a haunt owner for a CUSTOMER complaint. Even if it was a haunt I didn't like or even a haunt I had a personal issue with. Now you might be considering me to be contradicting myself. Is this so different from the case I testified for? Yes.

Testifying for a customer complaint (even if it is justified) sets a very dangerous president. It is difficult enough with all the scammers out there trying to take advantage of haunts without HELPING them. And to be honest all you can supply is YOUR OPINION, nothing else. Did you actually witness the complaint? Did you actually go through the attraction? And even if you did, can you guarantee that what YOU observed is exactly was happened in this instance??? ABSOLUTELY NOT! Face it, you get a different situation by changing actors or even going through the attraction with a different group of patrons! What "expert opinion" can this Judas-Haunter provide???? I provided information about a specific market, patron attendance about that particular market. Most cases against haunter owners are negligent based. Again, how can Judas-Haunter prove or disprove negligence without observing the ACTUAL incident???

Would I agree with being an expert witness against another haunter? ABSOLUTELY NOT. In fact, in the case I was referring to, I got the prosecuting attorney so flustered in his cross examination of me (about an hour long, he kept trying to get me to respond with the answers HE wanted!) that he even objected to an answer I gave to HIS question! The judge explained you can't object to your own question... if you didn't want the answer...don't ask the question!!

So if indeed some Judas- Haunter wants to testify AGAINST another haunter as an expert witness...I would be happy to be a counter expert witness for the Defense...I'm experienced!!!

[Dark Tiki Studios]

Larry knows the specific case of which he is speaking, so if he says a haunter is getting paid to screw another haunter, I tend to believe him...

HOWEVER, if a case arose in which a haunt was using blatantly unsafe practices that were a threat to the public, I don't know that it would be bad to testify against that haunt. Every time someone is seriously injured or dies in a haunt, it reflects badly on the whole industry. For example, what if a haunt was letting actors use real weapons (axes, swords, etc.) in its show? You were contacted to testify against them, but didn't. Then two weeks later some kid accidentally gets hacked with a sword (which makes national news headlines). Were you really protecting the haunt industry by not testifying? Could you live with knowing you might have been able to help stop the kid from getting killed, but chose not to?

[drfrightner]

I don't disagree with you like a good example was the few different hayrides that used real guns to scare people shot and killed some people... however the people suing those guys don't need another haunter to hammer an idiot like that. This specific issue I'm talking and a few others are people being chased with chainsaws falling down, or common stuff. We have a couple guys running around ALLOWING THEMSELVES to be experts against other haunters.

That is WRONG!

Larry

[Deathwing]

Let's not beat around the bush here, can we name who this individual is so we all know to protect ourselves?

Jake

[RJ Productions]

Dark, I hear where you are coming from and I would personally LOVE to bring light to unsafe houses. But the real question here is HOW do you testify? Unless you personally observe any action or activity all you provide in an OPINION! Any good lawyer should be able to tear such a testimony to shreds. As stated I have testified in court. You have to bring pertinent information that YOU possess, trust me the lawyer for the defense didn't even want me to testify. It was only because I was knowledgeable and didn't let the prosecuting lawyer guide me down his path that I was able to get my points across.

I hope this haunter is ready to justify his "expert" position. He better have detailed knowledge of THAT market. He better have a perfect record himself. He (or she) better be an owner/operator not just someone who merely consulted. As a consultant I would have to prove that my knowlegewas a direct result Iin the client's success to prove those opinions I am presenting merit any consideration.

So testifying to protect say people in your own market would be much easier that testifying merely to make a buck! Trust me it's not as easy as you think!

[drfrightner]

Once again I was called to be an expert witness against another haunter... some girl gets scared in front of the haunted house while buying tickets wants someone to testify the haunt did something wrong. This time its in Ohio.

I tell them they did nothing wrong that your client hurt herself from getting scared, blah, blah... they want to pay me a bunch of money to be their expert. I refused.

Haunted Houses are seeing more and more of these ridiculous lawsuits... stay safe!

BTW... there was a lawsuit filed against a haunt last week claiming that one employe raped another employe in a dark area of the haunted house. The police report states that this actor claims he has sex with several of the employees... do yourself a favor and REMIND YOUR actors there is NO contact with other actors period. This is the worst kind of situation you can be in. I'm sure its bogus but this can happen to anyone just do everything you can to prevent it. After I saw it we had a meeting with our actors and staff.

Larry