Liability on Halloween: Slip & Fall or Safety?
Posted by
Mark BelloOctober 06, 2009 5:05 PM
Halloween is a festive time of year, filled with spooky costumes, haunted houses, and lots of delicious candy. But homeowners shouldn’t forget the responsibility posed on them from this holiday’s tradition. All those ghosts and goblins coming to your door can be a real treat, but the trick could be on you without proper safety measures. Your primary concern should be the trick-or-treating kids and their safety. In spite of efforts to maintain a safe property, if a child is injured, you may be held liable if you were negligent in causing or contributing to that injury. Consider this scenario. Christine, a seven-year-old neighbor, cuts across your front lawn, trips and falls. It's unclear what caused her to fall; it's dark outside. Your property is not well lit. She suffers a broken her arm. Are you liable? Will you have to cover her hospital bills? Will your homeowners' insurance cover you? What if the pumpkin on your front porch gets knocked over and "pumpkin guts" spills on your porch. Little Johnny comes along and slips and falls on the mess? Liability?
In both scenarios, you may be held liable because in the eyes of the law, children are considered incompetent because, well, because they are children. Homeowners must take every precaution to keep children from getting hurt. Because she is a child, the burden would be on you to prove you weren't negligent. According to a recent safety article, homeowners can face many liability and security issues on Halloween. Halloween night poses a great many risks for homeowners; you are, essentially, opening your home to the public, a unique, once a year, open house event. This leaves you vulnerable to potential liability. Lawsuit Financial encourages you to survey your property; is it well lit? Are there any trip or slip hazzards? Have gopher holes been plugged? Has debris been cleared? Is the lawn and porch well kept? Is your homeowners insurance current with premiums paid? Do you have enough insurance?
In determining a property owner's "reasonableness," the law concentrates on whether the property owner or controller makes regular and thorough efforts or precautions to keep the property safe Premises liability is the law that governs slip and fall accidents and determines who is at fault when one happens. It surprises some people, but falls can cause significant injuries, even death, and these incidents can often require significant medical treatment. An attorney who specializes in these types of cases can help you determine who is responsible and whether there is liability for damages.
Because a slip and fall can result in serious injury or death; a victim may be entitled to substantial damages if they can withstand the rigors of the litigation process. Unfortunately, it often takes months, even years to resolve your case; it is difficult to support your family when you are disabled and waiting for case resolution. Lawsuit Funding services like those provided by Lawsuit Financial level the playing field by advancing funds to protect valuable assets like your home or car. It can put food on your family's table. A personal injury lawsuit is often accompanied by financial stress and strain associated; regular bills must still be paid and there are additional burdens of medical treatment, disability from work, or, in the worst cases, funeral expenses. Lawsuit funding provides a plaintiff and his/her family with the financial support they need, while the case is progressing, so it won’t be necessary to accept a low settlement offer. In most cases, the advance is completely excused if the case fails.
So, if you are a trick-or-treater, be careful out there; watch your step. If you are the parent of a trick-or-treater, talk to your children about safety. Go out with them on Halloween and help keep them safe. If you are a homeowner, protect your young visitors by keeping your property clean and safe; make sure you have sufficient insurance. Most of all, have a fun and safe Halloween.