It is common knowledge that we live in a litigious society. According to the U.S. Financial Education Foundation, it is estimated that over 40 million lawsuits are filed every year in U.S. courts. Lawsuits can be intimidating, but Halloween-related lawsuits add an extra layer of spookiness to the legal landscape.
Amusement Park Monsters
In February 2019, a Pennsylvania mother sued Dorney Park and Cedar Fair over injuries allegedly caused by park staff’s scare tactics. Those monsters!
In this Halloween-related lawsuit, Shannon Sacco and her daughter demanded more than $150,000 in damages. The claim stated that ghouls at a Halloween exhibit scared M.S., causing her to fall and suffer serious injuries. The lawsuit described M.S.’s physical and emotional suffering, her need for medical care, and an inability to maintain normal activities or hold a job.
Friday the 13th Movie Copyright Lawsuit
Fans of Friday the 13th know that it has been over a decade since the series saw a new film due to a legal dispute between Victor Miller, the film’s screenwriter, and Sean S. Cunningham, the director. This Halloween-related lawsuit centered on copyright ownership of the original screenplay. In 2018, the court ruled in favor of Miller, determining that the screenplay was not a work made for hire, allowing Miller to reclaim the rights. However, appeals continue to delay the franchise’s return.
Did Victor Miller Win?
Yes, but It’ll be a while before Jason Voorhees returns with his machete.
In the initial matter, the court determined that the “Friday the 13th” screenplay was not a work made for hire, and that Miller’s termination notice validly terminated Horror’s rights to the copyright of the screenplay. Since this ruling Sean Cunningham worked to have the decision reversed; Horror, Inc. filed an appeal in the U.S. Court of Appeals for the Second Circuit on October 19, 2018.
Flammable Sheep
The court found the Ferlitos knew the product was flammable, and Mrs. Ferlito admitted a warning label wouldn’t have changed her actions. This Halloween-related lawsuit was ultimately dismissed.
The Nightmare of the Broken Nose
Banana Costume Dispute
In 2017 a costume manufacturing company, Rasta Imposta, sued Kangaroo Manufacturing for copyright infringement of their banana costumes. Rasta, the copyright holder of the design, alleged that Kangaroo sold a copycat version after a business relationship ended. This Halloween-related lawsuit resulted in a split decision, with the judge using humor to describe the case as a “bananafest” and “bananapalooza.”
Boyer Law Firm is Here to Guide You
Some Halloween-related lawsuits aren’t as absurd as the others. Some lawsuits result in monetary compensation, while others are dismissed for insufficient evidence. Having an experienced litigation attorney greatly aids in achieving your legal goals. Boyer Law Firm handles cases concerning breach of contract for both individuals and businesses, partnership disputes, tort claims, and business disputes.
If you would like to receive a free case evacuation and discuss strategy in a current or potential dispute, contact us for assistance.
