Permission to enter. A claim after a fall in a building can be aimed at the owner, at the operator who led the group through it, or at both. Without the owner's permission you have no agreed right to be there and no agreed rules. With it, the owner can set conditions: insurance, an indemnity, which rooms you use and whether flames are allowed. If you hold the keys and have the building to yourself after hours, ask the underwriter how that's treated, because on at least one specialist wording we place, property in your care, custody or control is excluded except under a narrower, sub-limited extension.
Who leads inside the gates. At some of the best-known sites the question answers itself. As at October 2026, Port Arthur's agent handbook and Fremantle Prison's group information both say the site's own guides lead tours inside. If that is your model, your liability sits mostly outside the gates: the walk to the site, the transport, the booking and what you promised. If your own guide leads inside a privately owned building, more of the night is yours. Tell the underwriter which it is.
Night-time risk. A hazard that is easy to see in daylight is hard to see at night. That's why the underwriter asks about torches, route choice, head counts and which areas you skip in the wet. Heritage buildings can restrict new lighting and handrails, so your controls are mostly briefings, a guide at the back, and how you move the group through tight spaces. Our risk management guide shows how to write those down.
'They knew it was dark' has limits. Guests on a ghost tour know they'll be walking in low light. That doesn't settle every claim. In Tapp v Australian Bushmen's Campdraft & Rodeo Association Ltd [2022] HCA 11, a NSW case about a horse event and not a tour, the High Court's majority said a risk has to be described at the same level of detail for the obvious risk defence as for the negligence claim. There, the risk was the specific deteriorated ground the organisers had been warned about. For a ghost tour, the practical point is that a known broken step or an unlit drop is a specific hazard, and darkness in general is not an answer to it.
The scare. At least one specialist wording we place defines personal injury to include shock, fright and mental anguish, so a guest harmed by a scare can claim for more than a bruise, if you're legally liable. Describe the tour at booking, including darkness, stairs and sudden loud scares, so guests can decide whether it suits them. Set a minimum age, and give guests a way to opt out of the loudest parts. Keep actors hands-off, because assault by you or your staff is excluded unless it was done to protect people or property.