IADC member Anthony Livoti, a shareholder at Murphy & Grantland, received a summary judgment on behalf of a national retail chain in August.
A plaintiff from the South Carolina Upstate sued a national retail chain alleging injuries after being “startled” by an employee dressed as an Easter Bunny at a photo booth. The plaintiff claimed injuries that led to back surgery, even though she did not fall or come in contact with the person dressed in the costume. An excerpt from the judge’s order:
Plaintiff is essentially alleging that the Easter Bunny’s mere presence in the store, and/or wave of the hand to Plaintiff as she walked toward the register, created a dangerous condition for which Defendant should be liable. If this was enough to constitute breach of a duty of care, Halloween costume stores ought to take caution nationwide. Fortunately for the costume industry, it is not, and both Halloween stores and organizers of the Macy’s Thanksgiving Day Parade can breathe a collective sigh of relief.