Halloween is the time of year when the fun and the frightening combine to create a uniquely exciting atmosphere, with children across the country dressing up in all manner of interesting and creative costumes to go door-to-door trick-or-treating in their neighborhood.
But while the idea of getting boatloads of free candy and gobbling it down until you have a stomachache can be incredibly enticing, there are potential hazards during the Halloween season that can present homeowners with a legal liability if a child out trick-or-treating is injured on their property. With this being the case, it is vitally important for you as a parent to know where the responsibility may lie if this were to occur in order to seek fair compensation and justice.
If you are out with your child while they are trick-or-treating and they get hurt while on someone else’s property, you need to understand the circumstances under which the property owner would be held liable for their injury if you are seeking to pursue a personal injury case against them.
First of all, a homeowner can be considered liable for an injury to someone on their property if the party that was harmed is considered an “invited visitor.” During the Halloween season, if a homeowner's porch light is on, then a trick-or-treating child would be considered an invited visitor in a legal sense. With that being the case, if the homeowner is indeed inviting trick-or-treaters upon their property, they have a responsibility to make sure that it is free of any hazards that could cause them to sustain an injury.
If your child is indeed injured on someone else's property while engaging in the act of trick-or-treating, the first thing you should do is contact a lawyer without delay who can help prove the homeowner's liability – and get you the compensation that you deserve – by gathering the evidence required to bolster your argument.
When it comes to a personal injury case, there are four specific factors of negligence that typically need to be proved:
- The homeowner owed a duty of care to trick-or-treaters
- The duty of care was breached
- The breach of duty caused your child to become injured while on the homeowner’s property
- You suffered losses as a result
If your lawyer has successfully gathered evidence that the homeowner was at fault for the harm incurred by your child while trick-or-treating on their property, you as a parent have the right to file a personal injury claim on behalf of your child to help you recover the compensation you may be owed for injuries and losses.
Types of damages you may be able to recover from an at-fault party when filing a personal injury claim include medical expenses covering any treatment, care, and recovery that your child may require for their injuries, which can be quite expensive; reimbursement of lost wages on your part as a parent if you are unable to work while your child is recovering from their injuries; and ample compensation for the pain and suffering endured by your child due to the liable party's negligence.
To figure out how much compensation you may be eligible for and to help get your child on the road to recovery, it is important to contact an experienced and knowledgeable attorney as soon as possible to guide you through the legal maze of the court system and ensure that your child receives the justice that they deserve. The right personal injury attorney will help you to build a strong case to help your child get on the road to recovery as fast and painlessly as possible, as well as holding the negligent party responsible for their actions.
Have you or someone you know been injured in an accident through no fault of your own? Contact the accident attorneys at the Law Office of Cohen & Jaffe, LLP at 866-878-6774 now or fill out our simple form for a free consultation.