There are many ways to have fun on Halloween. But the two primary ways
are trick or treating, or staying home to hand out candy to all those
trick or treating and seeing their costumes. We like to do both throughout
the Halloween night!
Experienced Newburgh, New York slip and fall attorneys know that inviting trick or treators onto your property can expose you
to potential liability. This does not mean that you shouldn’t accept
trick or treators onto your property if you want to. We simply ask that
you take safety precautions
Even though it is Autumn, the lawn grass is still growing. So make sure
that your lawn is mowed. Low cut grass is easier to walk on and it will
not obscure other potential hazards. If your lawn is uneven or marked
with holes, you should fill them in and or put up signs to warn of the
danger. Keep the exterior lighting adequate so that trick or treators
can see hazards and steps well. Of course, leave your lights off if you
do not want visitors, but remember that children may still cross your
property to get to other houses. So still practice the safety steps listed
above and below.
Lawn decorations for Halloween can be hazardous. They are easy to trip
on, can stick up out of the ground, and can have sharp edges. These decorations
are also hard to see sometimes. If they are powered by electricity, the
electrical cord is a trip hazard.
What happens if someone is hurt on your property? The obvious answer is
that you could be sued under a
premises liability type of case. While your home owner’s insurance policy will afford you some protections,
the cost of one’s injuries could exceed your policy limits. If they
do, an injured trick or treator can sue to collect damages.
But not every person who slips, trips, and or falls on another person’s
property will be entitled to compensation. First, an injured visitor must
be able to prove one of several conditions in order to collect from a
negligent property owner.
The rules of
premises liability state that a homeowner is only responsible for injuries that arose on their
property if: the owner created or caused the dangerous condition; the
owner knew about the dangerous condition but failed to cure it or at least
to warn of the danger; the owner did not actually know about the hazard,
but he or she should have known.
If any of these conditions existed, the homeowner can be held accountable
in a court of law if said conditions caused the trick or treator’s
injuries and the victim was caused to suffer damages there from.
Learn more about Halloween safety for all in our article
available by clicking here. Halloween safety is most important for kids, so
click here to learn about how to keep children safe. Learn how adults should protect themselves during Halloween too,
in our blog post available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.