When the Atmosphere Becomes the Hazard - Asthma, Fog, and Duty to Warn

The Darkness haunted attraction case presents an important intersection of premises liability and the duty to warn about potential hazards. A patron with asthma suffered a severe respiratory reaction to the theatrical fog used throughout the attraction. The key legal question: does an operator have a duty to warn about atmospheric effects that may affect patrons with certain medical conditions?

The case highlights the difference between inherent risks and hazards. While being startled by actors and navigating dark spaces are inherent to a haunted attraction experience, the use of theatrical fog chemicals presents a distinct hazard—particularly for patrons with respiratory conditions like asthma. The operator knew that fog was being used extensively and knew (or should have known) that such fog can trigger respiratory distress in vulnerable patrons.

The decision suggests that operators have a duty to warn about atmospheric effects, particularly when those effects involve irritants that could trigger medical conditions. An operator cannot hide behind “it’s a haunted house” to avoid disclosing that the attraction uses fog, haze, strobe lights, or other environmental effects that might affect patrons with specific medical conditions. The lesson for operators: provide clear warnings about atmospheric conditions and encourage patrons with relevant medical conditions to consult with the operator before entry. This represents the operator’s duty to accommodate or inform, not a requirement to eliminate atmospheric effects.