Do Halloween Accidents Qualify for Personal Injury Claims?

 Posted on October 15, 2024 in Premises Liability

Many Americans, children and adults alike enjoy Halloween. Dressing in costumes, attending parties and haunted houses, and trick-or-treating are just a few of the ways we celebrate All Hallows’ Eve. Unfortunately, accidents can happen, producing injuries and fatalities.

What kinds of accidents frequently happen during the Halloween season? If you or your child is injured in a Halloween accident, can you get compensation by filing a personal injury claim? A knowledgeable lawyer from Maineri Law Firm can assess your eligibility during your free consultation, so call now.

Understanding Negligence in Halloween Accidents

To qualify for compensation, someone else’s negligence must have contributed to causing your accident and resulting injuries. In legal matters, negligence is failing to behave like a reasonable person would in the same circumstances. Whether you were injured on the streets, at a home while trick-or-treating, in a haunted house, or at a party, someone was responsible for using reasonable care to avoid harming you. When someone breaches that duty, you likely have grounds to file a personal injury claim.

Not all Halloween accidents are caused by others:

• Cuts while carving pumpkins are the most common type of Halloween injury.
• Tripping and falling due to costumes that are too long or masks that limit visibility may be your fault.

The best way to determine whether your accident qualifies is to call Maineri Law Firm and discuss your situation.

Potentially Negligent Causes of Halloween Accidents

With the wide variety of ways we celebrate Halloween, there are many types of common accidents:

• Pedestrian accidents: Excited young children may dart into the road, not realizing that an oncoming car could hit them.
• Drunk driving accidents: Revelers at parties often drink alcoholic beverages and then decide to drive while intoxicated.
• Trick-or-treating: Property owners may leave obstacles or cords in walkways, causing children to trip and fall. Unrestrained dogs might attack children, and jack-o-lanterns with real candles can cause fires that burn them.
• Candy: Children may consume candy that has been intentionally poisoned or that causes an allergic reaction. Children can also choke on hard candy.
• Broken pavement: Cracked sidewalks or streets and unfilled potholes can cause trip-and-fall accidents.
• Haunted houses: Unstable props can fall onto patrons. Loose cords and other tripping hazards, combined with minimal lighting, often cause falls.
• Parties: Hosts and hostesses must keep their property safe for their guests.

These and other Halloween accidents can make you eligible to file car accident, food poisoning, or premises liability claims. In California, you can recover compensation even if you share responsibility for causing your accident.

The Damages You Could Receive After Your Halloween Accident

Case-specific factors determine how much your case is worth, but your damages may include compensation or reimbursement for:

• Property damage
• Medical expenses
• Lost wages
• Pain and suffering
• PTSD
• Inconvenience
• Other ways your accident affected your quality of life

Your attorney from Maineri Law Firm can calculate your damages accurately and help you pursue the total available amount.

Call Our Skilled Riverside County, CA Personal Injury Lawyer

At Maineri Law Firm, we hope you and yours stay safe this Halloween. If you are injured due to someone else’s negligence, call us at 951-698-4200 for your free consultation with our dedicated Temecula, CA personal injury attorney.