Boo! Halloween is just around the corner and that mean trick or treating! If you live in the San Fernando Valley, you will probably be participating in the trick or treating activities to some extent, either as a candy-passer, or a candy-grabber. Read on for a few suggestions on how trick or treaters of all ages can stay safe and injury-free this Halloween.
Providing Safe Conditions for Trick or Treaters
Premises liability is the liability for a landowner for certain injuries that occur on the landowner’s property. Before Halloween night, homeowners who are passing out candy should take a thorough look over the front yard to ensure that any potential hazards like uneven paving, hidden lawn decorations, or loose garden hoses are taken care of and/or removed completely. Make sure things that cannot be removed, such as a high step over the curb to the lawn, are well-lit to make any trick or treaters aware of the hazard.
When a homeowner invites a trick or treater onto their premises by offering them candy, they owe a duty of care to that person, or “invitee”. If your child is injured because of the negligence of a homeowner, contact an experienced injury lawyer about your legal rights.
Is the Homeowner Liable?
Sometimes, accidents happen and unfortunately, no one is to blame. But this is rare. In order to determine whether your child’s injuries were a result of homeowner negligence or recklessness, your attorney will ask three main questions:
- Did the homeowner act negligently, or in a way that violates their expected duty of reasonable care to invitees (i.e. trick or treaters)?
- Was your child or loved one get injured on their property after a negligent action, like a prank scare or a decision to not turn on the porch lights, had taken place?
- Was your child’s injury the direct result of the negligent action?
In order to move forward in a Halloween slip and fall case, the victim must have suffered damages in the form of financial loss, often through an injury that requires a hospital visit, numerous medical appointments, physical therapy, time lost from work, etc… These compensable damages are recoverable with the help of the right injury attorney.
Make sure your Halloween is fun and safe. If you’re taking your kids trick or treating, keep a close eye out for any obstacles or dangers that might get in their way. For more information on what to do if you need to file an injury claim against a homeowner, contact Woodland Hills injury attorney Barry P. Goldberg today.