Can I File a Lawsuit if my Child was Injured on Halloween?
There are multiple ways that children are injured each year while participating in trick-or-treating or other Halloween festivities. Depending on the type of accident that occurred, children can be severely injured or even killed. In some cases, children are hurt on Halloween because other parties were negligent. However, this also means that parents may be able to file a lawsuit against the negligent parties. Parents may be able to file a lawsuit in cases that involve:
- Pedestrian accidents: Statistics collected by Safe Kids Worldwide show that pedestrian accidents involving children increase twofold on Halloween. There are more drivers and kids on the road during this holiday. Drivers may be liable for hitting trick-or-treaters in some cases. For example, you may be able to file a lawsuit if a driver forgot to turn the headlights on. The same could be said if the driver was distracted or impaired by alcohol or drugs.
- Defective costumes: Children can be harmed by costumes or accessories that contain defects. For example, a costume made with flammable materials could put children at risk of being burned. Other costumes may be designed in a way that can limit visibility or increase the risk of a slip-and-fall accident. In such cases, the manufacturer or retail outlet that sold the costume may be responsible.
- Being hurt on someone’s property: There are multiple ways a trick-or-treater could be harmed while visiting other properties. Some property owners may fail to keep their dogs locked up, which could cause a trick-or-treater to be mauled. In other cases, property owners may use dangerous props or decorations. For example, some decorations create fire or electrical hazards. Other properties may have poor lighting or other trip and fall hazards. These are only a few of many possible examples.
- Haunted house injuries: Businesses may operate “haunted houses” each year on Halloween. Depending on the circumstances, commercial haunted houses may be liable for injuries. Last year, Erebus Haunted Attraction in Pontiac settled for $125,000 with a woman who was injured after she was knocked down by a moving wall in a poorly lit hallway.
Multiple parties could be liable for a Halloween injury. If a Halloween decoration on someone’s property injures a trick-or-treater, the property owner and manufacturer of the decoration might be held accountable.
Do I Need an Attorney After a Halloween Injury?
You should speak with a personal injury attorney if you believe negligence may have caused your child’s Halloween injury. The Solano County personal injury lawyers at Barnett, Bennett & Scott, LLP could investigate your claim and help you determine which party or parties are responsible. Damages from a lawsuit could help pay for the costs associated with catastrophic injuries or wrongful death.