The Haunted Trail That Fought Back - Six Flags Fright Fest and the Assumption-of-Risk Defense

This New Jersey case examined the application of assumption-of-risk doctrine to outdoor haunted trail attractions. Six Flags Great Adventure’s Fright Fest operates outdoor haunted trails where actors interact with patrons as they navigate a path through wooded or outdoor areas. A patron injured during the trail experience brought suit, raising questions about whether assumption-of-risk doctrine, traditionally applied to indoor haunted houses, extends to outdoor trail-based attractions.

The court found that it does. The relevant factors are not whether the attraction is indoors or outdoors, but whether the injury flows from a risk inherent to the nature of the activity. In a haunted trail attraction, patrons voluntarily navigate a darkened path in an outdoor environment while encountering frightening actors. The risks inherent to this experience include being startled while walking on uneven ground, potential disorientation in darkness, and the possibility of falling or colliding with scenery or other patrons as a result of fright.

The decision expands assumption-of-risk protection beyond traditional indoor haunted houses to include outdoor and trail-based haunt experiences. This is significant for operators of corn mazes, forest haunts, and other outdoor attractions. However, the decision also clarifies that inherent risk protection does not extend to hazards unrelated to the haunt experience itself—a trail that is genuinely unsafe due to operator negligence, for example, remains a premises liability concern regardless of the assumption-of-risk doctrine.