Grotheer v. Escape Adventures, Inc.

The case of Grotheer v. Escape Adventures, Inc. applies assumption-of-risk doctrine to escape room experiences, which share significant characteristics with haunted attractions. Both are immersive entertainment venues where patrons voluntarily enter an environment designed to challenge, frighten, or disorient them. Both involve darkened spaces, physical obstacles, and actors or puzzles designed to create intense emotional experiences.

The California court examined whether the risks encountered in an escape room—including physical challenges, startling elements, and environmental hazards—fall within the doctrine of primary assumption of risk. The court held that they do, to a significant extent. A patron who voluntarily enters an escape room assumes the risk of encountering physical challenges, navigating dark or confined spaces, and experiencing surprise or startling elements that are inherent to the escape room concept.

However, the court was careful to note that assumption of risk does not eliminate the operator’s duty to maintain safe premises or to refrain from reckless conduct. The risks that patrons assume are those inherent to the activity; they do not include risks from premises negligence or operator recklessness. This decision is highly relevant to haunt operators, particularly those who incorporate puzzle-solving, physical challenges, or escape-room-like elements into their attractions. The case establishes that assumption-of-risk doctrine can extend beyond traditional haunted houses to encompass other immersive entertainment venues with similar characteristics.