Given that most Halloween events take place at dusk or after dark, visibility and trip hazards from decorations, poor lighting, damaged sidewalks, clothing, and more increase the risk of potential accidents, some which can result in lifelong conditions. However, being aware of potential dangers and making plans on how to enjoy a safe outing can help prevent possible accidents. Some Halloween safety tips to consider are listed below.
Costumes
Choose costumes with the best fit possible. Overly wide or baggy outfits can become caught in decorations, fences, other trick-or-treaters’ costumes, and more, which could pull you or your child off balance, resulting in a fall.
Masks and Head Coverings
Masks and other head coverings should never obstruct the wearer’s view or limit visibility in any way. Those who wear eyeglasses should select masks that can accommodate lens wear or avoid masks altogether. Do not choose masks that require you to forgo wearing your glasses.
Shoes
Inappropriate shoes with Halloween costumes contribute to many slip and fall accidents, particularly in children. Select footwear in the correct size, with good tread and no high heels. This is particularly important if you will be out in the rain or in colder climates where you may encounter frost or ice patches.
Walkways, Sidewalks, Driveways, and Steps
When approaching a house or business, observe the available walking paths. Has the owner cleared sidewalks, walkways, and the driveway? Are they free of decorations and well lit? If possible, do not cross lawns as there may be tripping hazards, such as divots, holes, or precariously placed decorations. Power cords, rope, decorations, or even landscaping can also be the cause of a slip and fall accident, so pay particular attention to all walkways to avoid these obstructions.
Lighting
Responsible property owners should have adequate lighting on all pathways, and clear access to their door should be well lit. Homeowners are instructed to turn their outside lights off if they are not taking part in Halloween, however, children can still run up to the door.
Instruct your family to avoid houses with no lighting. Also, in areas where trick-or-treating is held after dark, take along flashlights for yourself and children to provide extra lighting on sidewalks, paths, and roadways.
Fog Machines and Dry Ice
Haunted houses are a particular favorite of many trick-or-treaters, and the spookiest are generally the most popular. Fog machines and dry ice are often used to create a creepy atmosphere, however, the fog limits visibility, and dry ice can burn skin with contact. Use caution around both.
Weather
As with everyday travel, rain, frost, ice and even snow increases the risk of slip and fall accidents on Halloween. In these conditions, use extra caution in footwear, costume length, and walkway visibility to keep you and your family safe.
When is the Property Owner Responsible for a Halloween Slip and Fall?
Property owners are generally legally and financially responsible for accidents that occur on their premises. Depending on where your accident happens, the homeowner or business owner may be liable for your injuries under premises liability.
To meet the conditions of premises liability, you must prove that the property owner was negligent by showing the following:
- The owner was aware of the hazard but chose not to address it, such as potholes or cracks in the driveway or sidewalk, broken steps, no railing on the stairs, or broken outdoor lights.
- The danger was created or caused by the owner, such as decorations and displays that block walkways or placing electrical cords in walking areas.
- The owner should have known the condition of the property, such as holes or cracks in the sidewalk or driveway, divots in the yard, or inadequate lighting on the property that could result in accidents.
What Should I Do if I Suffer a Slip and Fall Accident on Halloween?
Should you or a family member have a slip and fall accident on Halloween, it is recommended to take the following steps:
- Notify the property owner at the time of the accident. However, limit the conversation to specifics and exchange of contact information. Remain calm, keep your emotions in check, and do not allow the conversation to become confrontational.
- Document the scene as best you can. Take photos of the trip hazard or other cause of the accident, your injuries, and the property itself. Photograph and make note of the time of day, whether an obstruction caused the accident, and whether the property lights are on or off.
- Gather names, addresses, and phone numbers of the property owner and witnesses. If the accident happens on a rental property, the landlord or property manager should be notified right away, and they are obligated to draft a report of the incident. Obtain a copy of the report, preferably the same night, if possible.
- Seek medical treatment as soon as possible. If possible, you should seek treatment the same day. It is best to have the injuries professionally diagnosed and documented, even if your injuries may seem slight. Some injuries or pain may not present at the time of the accident but may worsen over time. A physician’s documentation of your injuries is essential if you decide to file a claim.
- Contact a lawyer right away. Do not sign any agreements or insurance papers before consulting with a lawyer. Doing so may limit or eliminate the responsibility of the home or business owner regarding your accident on their property.
Mount Laurel Slip and Fall Lawyers at the Law Office of David S. Rochman can Help You Navigate a Halloween Slip and Fall Accident
If a home or business owner fails to keep their property safe on Halloween, slip and fall accidents can happen. Our Mount Laurel slip and fall lawyers at the Law Office of David S. Rochman can help you if you were injured on someone’s property. For a free consultation, call us at 856-751-2345 or contact us online. Located in Mount Laurel, New Jersey, we serve clients throughout the surrounding areas.