Hayrides, Corn Mazes and Haunted Houses: Who’s Responsible When Fall Fun Goes Wrong in NEPA
October in Northeastern Pennsylvania means pumpkin patches, corn mazes, hayrides and haunted attractions. For most families, it's the best part of fall. But every season brings a few injuries: a wagon that tips, a fall in the dark, a crowded walkway with no railing. Here's how to keep your outing safe, and what Pennsylvania law says if someone does get hurt.
Simple ways to stay safe this season
Hayrides: Stay seated, keep arms and legs inside, and keep young children in the middle of the wagon, not on the edges. Don't let anyone climb on or off while the wagon is moving.
Corn mazes: Bring a charged phone and a flashlight, set a meeting spot, and make sure kids know what to do if they get separated.
Haunted houses and trails: Wear closed-toe shoes with good grip. Floors are dark and uneven by design, and crowds tend to surge when people get scared.
Hay bale forts and play areas: Watch for gaps between bales and stacks that shift. Supervise little ones closely.
Driving there and back: Rural roads are dark, and deer are active at dusk. See our post on deer collisions in Luzerne County and our Halloween and clock change safety guide.
Pennsylvania's agritourism law
In 2021, Pennsylvania passed Act 27, which gives farms that offer agritourism activities, like corn mazes, pumpkin patches, pick-your-own and hay bale forts, limited protection from injury lawsuits. That's why you may see large warning signs at the entrance or warning language on the back of your ticket or wristband.
To get that protection, farms have to follow specific steps, including posting required warning signs and getting a written acknowledgment from visitors. Even then, the protection is limited. It generally does not cover injuries caused by:
Gross negligence, like driving a tractor pulling a hayride at high speed
Reckless failure to warn of or fix a known danger, like equipment the operator knows is broken
Intentional harm or criminal conduct
The law also doesn't apply to everything that happens on a farm. Events like concerts and weddings, overnight stays, and food and drink sales aren't covered activities.
Haunted attractions and other businesses
Haunted houses, fall festivals and seasonal events that aren't farm agritourism generally fall under regular premises liability rules. A business that invites the public in has a duty to keep the property reasonably safe and to warn about hidden dangers it knows about or should have found. A dark, scary setting is expected; a missing stair, a broken railing or an exposed electrical cord isn't. See What to Do After a Slip and Fall in a Store or Business.
What about the waiver I signed?
Many attractions ask you to sign a waiver or put waiver language on the ticket. Waivers can limit some claims, but they aren't unlimited. Pennsylvania courts generally won't enforce a waiver for reckless or intentional conduct, and how a waiver is written and presented matters. Don't assume you have no options just because you signed something at the gate.
If someone gets hurt
Report the injury to staff and ask that an incident report be written.
Take photos of the area, the equipment, and the lighting, before anything is changed.
Get the names and phone numbers of witnesses.
Keep your ticket, wristband and receipt.
Get medical care, even if the injury seems minor. See Delayed Symptoms.
If a child was hurt, see When Your Child Is Hurt in an Accident.
Enjoy the season
The vast majority of fall attractions in NEPA are run by families and businesses who care a great deal about their visitors. A little preparation goes a long way. And if something does go wrong, you have the right to understand your options.
Have questions after an injury? The NEPA Injury Help Center has straightforward answers to common questions, or you can request a free consultation with Joyce, Carmody & Moran.
