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Trick or Treat? Halloween and California Premises Liability Laws

Halloween night brings out crowds of excited children and they cover a lot of ground in one evening. California trick-or-treaters venture onto front porches and into Halloween parties often without a thought of their own safety.

Parents often follow behind, on alert for threats, but unfortunately, accidents still happen every year. Children fall down, they get too close to frightened dogs, or suffer other accidents on other people’s property. If a property owner or an event organizer didn’t act to protect trick-or-treaters and other guests, they could be held liable for a patient’s medical bills.

Maison Law’s California Premises Liability Lawyers represent injured victims of all ages who may suffer injuries on Halloween. We offer a free consultation to all California personal injury victims. We want to make sure victims know how to hold a property owner or a Halloween business operator fully liable for emergency room expenses and other recovery costs.

Common Trick-Or-Treat Hazards

Halloween ends up sending a lot of kids into places they’ve never been before. They may walk along paths that aren’t very stable in costumes that restrict their mobility or line of vision.

It’s important that homeowners make their yards, steps, sidewalks, and porches as risk-free as possible. The same goes for Halloween attractions like Haunted Woods and Pumpkin Patches. Property and business owners owe visitors a legal “duty of care.” It means they must remove all obstacles and hazards for anyone they invite in.

When they leave out dangers or don’t remove injury threats created by other trick-or-treaters, owners and operators will be liable for any injuries suffered.

These are just some of the hazards that might cause an injury to yourself or a family member:

  • Slip-and-fall injuries due to spilled drinks, muddy patches, or dropped candy.
  • Trip-and-fall injuries on broken sidewalks, uneven paths, and Halloween décor. Homeowners can sometimes be held responsible for the state of their sidewalks in front of their homes.
  • Falls down eroding stairwells or falls due to a broken railing.
  • Accidents caused by inadequate lighting on a dark night or no lighting at all.
  • Dog owners must adequately restrain pets on Halloween night when they may be confused or frightened as more visitors come to the door or enter a yard. A dog bite on Halloween can leave a child with a deep wound and even break bones. A California dog bite lawyer can help you hold the dog’s owner fully responsible.
  • Product defects. A problem with a costume can cause breathing issues, skin reactions, and other health issues. Reduced vision caused by a poorly designed costume may cause a child to fall. A bad batch of candy might hit store shelves, leading to medical issues for your child. A dangerous toy that comes with candy could harm your youngest children. A California defective products lawyer would hold manufacturers and store owners responsible.

Do I Need a Lawyer After My Child Is Injured While Trick-Or-Treating?

If your child suffers only a few scratches or a minor bump on the head, you may not need the help of an attorney. But if your little trick-or-treater comes away with a more serious injury, like a concussion or a broken bone, it’s a good idea to stay informed of your options by speaking to a skilled personal injury attorney.

Your lawyer fully investigates your case and collects all evidence. This step is important in the event a property owner and the owner’s insurer attempt to wiggle out of taking the blame for an accident. They may say your child was clumsy or that you weren’t watching your child at the time of the accident. These are weak arguments, but without a legal representative on your side, insurance adjusters can get away with reducing the support you receive and sticking you with massive medical bills.

A lawyer makes sure child victims have everything they need to get the pay for the best medical care now and down the road. Children who suffer major injuries, like a dog bite wound or a broken arm, can encounter health issues in the years to come. They are still growing, and any early injury can affect how their bodies develop as they mature into adults. Families should receive enough in compensation to pay for any surgeries or physical therapy needed in the future.

Contact a California Halloween Accident Lawyer

If you or a loved one are hurt while trick-or-treating or at a Halloween party, please contact our California personal injury lawyers. You should know what your child’s injury is worth and how to hold homeowners and business owners fully responsible for hospital expenses and other damages.

If your child is hurt, Maison Law is ready to compassionately represent your family. We make sure young victims earn full support for present needs and for injury issues that may arise in the future over the course of their development.

Schedule a free, no-obligation case review with our California premises liability lawyers. And if you decide we can help you earn more for your injury, you won’t need any money to hire us. Maison Law works on a contingency basis. It means that we don’t get paid unless we win your case for you. Then our fee comes out of the support you are awarded.

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