In the case of Milbert v. Wells Twp. Haunted House, Inc., 2016-Ohio-5643 serves as a reminder that governmental entities have more to fear during the Halloween season than ghosts and goblins. In Milbert, an Ohio appellate court found that a township could be liable for negligently designing a haunted house containing three swinging coffin rides.
In Milbert, the township owned and maintained a nationally recognized haunted house. As part of this attraction, the township designed and constructed three “coffin rides.” Participants were led to the second floor of the haunted house where they would lay side-by-side in a large coffin. The lid was then closed and secured using a bolt and the coffin lowered to the first floor by gravity. The ride ended with the coffin in an upright position. The dispute in this case occurred when the lid opened prematurely causing the plaintiff to fall from the coffin to the floor.
During the ensuing litigation, the township acknowledged that “operation of the haunted house was a proprietary rather than a government function; and there is an exception to immunity if the harm was caused by the negligence of its employees.” Milbert at ¶ 7. The proprietary function exception to governmental immunity is a specific exception that applies anytime governmental entities engage in activities that are customarily performed by nongovernmental persons, such as haunted houses.
While buildings like public stadiums, auditoriums, civic or social centers, exhibition halls, arts and crafts centers, and, even haunted houses, certainly add to the fabric of local civic life, governmental entities need to be acutely aware that they assume certain risks when they choose to operate such structures. As the township learned, political subdivisions will not have the protection of governmental immunity for injuries arising out of the operation of these buildings.
To read this case, please click here.
Authors: Matthew John Markling and Patrick Vrobel
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.