We will be over a month into Autumn by the time Halloween arrives. This
means that the weather can be colder, roads and walkways can be slick
with ice, snow, rain, and wet leaves. Darkness will also fall sooner.
Experienced Kingston, New York slip and fall attorneys know that even though darkness falls sooner, property owners can take
easy measures to prevent injuries caused by darkness. In fact, if a property
owner fails to adequately light the property, he or she could be held
liable for slip or trip and fall injuries.
It makes no difference if the property is residential or commercial, if
a property owner creates a danger on the grounds, knows about the danger
and does nothing to fix it, or if he did not know but should have known,
that property owner can be accountable
under premises liability laws.
Halloween trick or treators will be walking over lawns, on walkways, up
stairs, through parking lots, and into malls, stores, and universities.
If you own a single family home, make sure that your exterior lights are
on, especially at the front door steps. Apartment building owners should
do the same, but owners of these properties should also keep interior
hallways adequately lit. This includes installing the proper bulbs and
repairing any broken lighting fixtures.
Commercial property owners should do this as well. But they will have to
also keep parking lots reasonably lit. The interior of the building should
be so lighted as well. Prior to leaving the premises open to trick or
treators, the property should be inspected for any potential darkness
hazard. If the danger cannot be remediated, warn of the danger and or
take measures to prevent visitors from accessing the area.
The property owner’s actions, or inactions, will be under a microscope
if any person is injured on the premises. The injured victims will investigate
and see if the owner acted reasonably given the circumstances. They would
compare the offending property owner to other owners to see if other similarly
situated owners would have been more prudent under the circumstances.
slip and fall victim is able to prove that the owner had knowledge of the hazard, but did nothing
to warn or fix the problem, liability is eminent. This is even more obvious
if the property created the danger. Even if the owner did not know but
the plaintiff is able to prove that he or she should have known, the owner
will be held liable. So long as the injured trick or treator is able to
prove that the unreasonable property condition caused their injuries and
that damages were caused, a court can award compensation.
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. Also read about slip and fall injuries caused while trick or treating 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.