A California woman is suing a New Orleans-area haunted house attraction after one of its employees – who was portraying a scary clown – jumped and landed on her, causing her to lose consciousness and suffer various injuries.
Plaintiff Tara Dickey alleges in her complaint, filed in the U.S. District Court for the Eastern District of Louisiana, that defendants Thirteenth Floor Entertainment Group LLC and the employee, John Doe, were negligent.
“Defendant Thirteenth Floor Entertainment Group LLC had the right and ability to control, supervise, and direct its employee’s actions,” Dickey wrote in her Oct. 6 complaint. “Defendant Thirteenth Floor Entertainment Group LLC is liable for the employee’s negligence separate and apart from the employee’s personal liability.”
Thirteenth Floor is the world’s largest Halloween-themed entertainment company, with more than 15 locations and counting, according to its website.
According to the filing, the company owns, operates, and maintains its seasonal attraction, New Orleans Nightmare Haunted House, at 319 Butterworth St., New Orleans. It features haunted houses, escape rooms, and interactive bars.
Dickey visited the business October 6, 2024, according to the complaint. She claims John Doe was performing as a clown and attempting to scare patrons inside the haunted house at the time of the incident.
As she was walking through the haunted house, Doe “negligently jumped from an elevated height,” and kicked and/or landed on her head, neck, and back, knocking her to the ground and rendering her temporarily unconscious.
“Immediately after regaining conscious [sic] Plaintiff was confused, dazed, dizzy, nervous, and experienced vertigo, as well as feeling pain in her neck, shoulders area, and the lower back,” the nine-page complaint states.
According to Dickey’s filing, employees escorted her to a room where they were “extremely apologetic” for the incident. They also took her statement, drafted an incident report, and called an ambulance.
Due to the severity of her injuries, Dickey was then transported to Ochsner Medical Center-New Orleans’ emergency room for medical attention.
Dickey claims as a result of the incident, she has undergone treatment for her injuries, including headaches, neck pain and stiffness, mid- and lower back pain, dizziness, vertigo, confusion, memory loss, depression, fatigue, blurred vision, tinnitus, and loss of balance.
“Defendant Thirteenth Floor Entertainment Group LLC failed to maintain reasonably safe conditions for its patrons/guests/invitees by allowing hazardous performer interactions that posed an unreasonable risk of harm; specifically, there was a clear lack of proper safety protocols governing performer-patron engagement,” the complaint states.
Dickey alleges that the company’s employees/actors were “inadequately trained, controlled, and supervised,” leading to unsafe behavior that directly caused her injuries.
She notes in her filing that she bears “no fault whatsoever” in causing or contributing to the incident.
Dickey seeks damages for lost wages and diminished earning capacity; pain and suffering; medical, hospital, and pharmaceutical expenses; mental anguish and emotional trauma; loss of enjoyment of life; and loss of pursuit of happiness.
She is represented by Scott Vicknair LLC in New Orleans.
