6 Bizarre Halloween-Related Lawsuits

Halloween scares can sometimes invite legal action.
Halloween scares can sometimes invite legal action.
inhauscreative/iStock via Getty Images

For most people, Halloween is a time to be someone other than themselves and enjoy a party atmosphere. But occasionally, those relaxed inhibitions can result in legal trouble. Take a look at several strange cases involving costume malfunctions, collapsing pumpkins, and other spooky court filings.

1. An Inflammatory Situation

Homemade Halloween costumes carry risks.hudiemm/iStock via Getty Images

In 1984, Michigan natives Frank and Susan Ferlito attended a Halloween party. Susan was dressed as Mary of Mary and Her Little Lamb fame; Frank was her animal sidekick. Susan achieved Frank's lamb look by gluing cotton batting made by Johnson & Johnson to his long underwear, effectively covering him in flammable material from head to toe. For reasons known only to Frank Ferlito, he decided to light a cigarette using a butane lighter. His left arm was set ablaze, and Frank suffered burns on over a third of his body.

The coupled sued Johnson & Johnson. In 1989, a jury awarded Frank Ferlito $555,000 and Susan Ferlito $70,000. In 1991, Johnson & Johnson was successful in petitioning for a new trial, in part because the Ferlitos had each admitted to knowing that cotton would burn if it was exposed to flames. While the plaintiffs argued that the cotton didn’t have a warning, Frank also admitted he ignored the warnings on cigarette packages, meaning it wouldn't have altered their behavior. A Court of Appeals for the Sixth Circuit ruled in favor of Johnson & Johnson in 1992.

2. A Rotten Inflatable Pumpkin

Inflatable pumpkins should not be used as shelter.peterspiro/iStock via Getty Images

For years, Milwaukee resident Jon Majdoch enjoyed a brisk seasonal business operating a number of temporary Halloween shops named Halloween Express. The “shops” were actually housed underneath a giant, 100-foot diameter inflatable pumpkin. Though high winds had once blown one along a freeway, there were no major issues. In 2017, however, Majdoch custom ordered a smaller inflatable pumpkin so that he could set up a smaller store in the parking lot of a home goods store. The item came from Larger Than Life Inflatables and another company, House of Bounce, assembled it. One day, it rained so hard that water pooled on top of the pumpkin and prompted it to collapse. No one was injured, but Majdoch’s inventory was ruined. His insurance company, Hastings Mutual, paid out a six-figure policy and sued both Larger Than Life Inflatables and House of Bounce alleging manufacturing defects. The litigation is ongoing.

3. The Eyes Have It

Cosmetic contact lenses are illegal to sell without a prescription.sdominick/iStock via Getty Images

If you’re considering wearing cosmetic contact lenses for Halloween, you might want to rethink that decision. A number of retailers have faced lawsuits from state attorney generals and consumers owing to eye damage caused by the non-prescription lenses. In 2016, Missouri attorney general Chris Koster filed a lawsuit against Gotcha Costume Rental for selling the lenses without a prescription, a violation of both state and federal laws. (Gotcha Costume Rental owner Aaro Froese agreed to comply with the law and only sell contacts to customers with prescriptions.) The lenses, which may not fit properly, can scratch the cornea and cause infection or even blindness. The Food and Drug Administration (FDA) routinely offers a consumer warning that contacts are medical devices and should never be worn unless prescribed by an eye care professional.

4. Banana Appeal

The banana costume has been the subject of multiple lawsuits.sdominick/iStock via Getty Images

With dozens of costume makers all over the world making every kind of costume imaginable, it’s easy to find similar products on store racks. But in the case of the banana costume, it turns out they may still be subject to copyright law. In 2017, costume manufacturer Rasta Imposta sued a number of companies, including Kmart and Kangaroo Manufacturing, for selling a banana costume they felt was infringing on their own. Citing things like the color and shape of the costume, the 3rd U.S. Circuit Court of Appeals in Philadelphia agreed, affirming in 2019 that Rasta Imposta’s banana was distinctive. In its ruling, the court wrote that the company was “entitled to the veritable fruits of its intellectual labor.”

5. Fright Night

You can sue a haunted house for scaring you, but you probably won't have a very convincing argument.darkbird77/iStock via Getty Images

Thanks to liability waivers, it's notoriously difficult to sue haunted houses for delivering what they promise: a good scare. In 2011, Scott Griffin and friends went to The Haunted Trail, a haunted attraction in San Diego, California. When Griffin reached the exit, he thought it was over. Instead, a man wielding a chainsaw moved toward him aggressively, catching Griffin by surprise and prompting him to run away—then fall and injure his wrist. Griffin sued the operators but couldn’t find any satisfaction. A trial court ruled in favor of the defendant, with the 4th District Court of Appeal affirming the ruling in 2015. It was, the judges determined, a case of someone paying money to experience “extreme fright” and receiving “exactly what he paid for.”

6. Spider Man

It's not acceptable to open fire on fake spiders in an office setting.abzee/iStock via Getty Images

While this Halloween tale didn’t result in a lawsuit, it did affect a few attorneys in West Virginia. In 2015, Logan County assistant prosecutor Chris White reacted (some might say overreacted) to a small army of fake spiders that had been strung up for Halloween by pulling a gun and insisting that he was going to begin shooting the replicas. Logan County prosecuting attorney John Bennett was forced to suspend White over the incident, explaining that White really hates spiders and that the gun wasn’t actually loaded. The spider decorations were eventually removed.

Amazon's Under-the-Radar Coupon Page Features Deals on Home Goods, Electronics, and Groceries

Stock Catalog, Flickr // CC BY 2.0
Stock Catalog, Flickr // CC BY 2.0

This article contains affiliate links to products selected by our editors. Mental Floss may receive a commission for purchases made through these links.

Now that Prime Day is over, and with Black Friday and Cyber Monday still a few weeks away, online deals may seem harder to come by. And while it can be a hassle to scour the internet for promo codes, buy-one-get-one deals, and flash sales, Amazon actually has an extensive coupon page you might not know about that features deals to look through every day.

As pointed out by People, the coupon page breaks deals down by categories, like electronics, home & kitchen, and groceries (the coupons even work with SNAP benefits). Since most of the deals revolve around the essentials, it's easy to stock up on items like Cottonelle toilet paper, Tide Pods, Cascade dishwasher detergent, and a 50 pack of surgical masks whenever you're running low.

But the low prices don't just stop at necessities. If you’re looking for the best deal on headphones, all you have to do is go to the electronics coupon page and it will bring up a deal on these COWIN E7 PRO noise-canceling headphones, which are now $80, thanks to a $10 coupon you could have missed.

Alternatively, if you are looking for deals on specific brands, you can search for their coupons from the page. So if you've had your eye on the Homall S-Racer gaming chair, you’ll find there's currently a coupon that saves you 5 percent, thanks to a simple search.

To discover all the deals you have been missing out on, head over to the Amazon Coupons page.

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The Time Larry David Saved a Man from the Death Penalty

HBO
HBO

In 2003, 24-year-old machinist Juan Catalan faced the death penalty for allegedly shooting a key witness in a murder case. Catalan told police that he couldn’t have committed the crime, as he was at a Los Angeles Dodgers game at the time. He had the ticket stubs and everything to prove it.

When police didn’t buy his alibi, Catalan contacted the Dodgers, who pointed him to an unlikely hero: misanthropic comedian Larry David. On the day in question, David had been filming an episode of Curb Your Enthusiasm at Dodger Stadium. It was a long shot, as there were 56,000 people at the game that day, but maybe Catalan could be seen in the background. So his attorney started watching the outtakes ... and found the evidence he needed. In fact, it took just 20 minutes to find shots of Catalan and his daughter chowing down on ballpark dogs while watching from the stands.

Thanks to the footage, Catalan walked free after five months behind bars. And Larry David found one more thing to be self-deprecating about. “I tell people that I’ve done one decent thing in my life, albeit inadvertently,” David joked.

In 2017, Netflix released a short documentay, Long Shot, about the incident.