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While Halloween activities should be spooky, they should not be dangerous. Children and adults alike should be able to enjoy the day without having concerns about their safety. Sadly, while most Halloween activities only result in good memories, some leave children and adults coping with the effects of serious injuries.

From dangerous activities and costumes to distracted and drunk drivers, various issues present risks for Halloween accidents. When these accidents happen, victims and their families can—and should—take appropriate steps to fight for their legal rights.

Do You Have a Claim for a Halloween Accident?

Halloween accidents can give rise to claims for liability under various circumstances. For example, individuals and families may have claims following accidents that involve:

Pumpkin Carving 

According to the U.S. Consumer Product Safety Commission (CPSC), pumpkin carving accidents are the leading cause of Halloween-related injuries. Citing CPSC data, U.S. News & World Report writes that “Between October and November in the United States, 44% of Halloween-linked injuries were connected with pumpkin-carving activities.”

If a pumpkin carving accident happens at a school, festival, neighborhood gathering, or other venue, parents may have a claim for negligence. If an accident happens at home and involves a dangerous and defective pumpkin carving tool, this could give parents a claim as well.

Haunted Houses 

Haunted house accidents are also common during Halloween. These accidents can involve a wide range of safety hazards. Some examples of hazards that can give rise to claims include slippery floors, dimly-lit areas, fog machines, dangerous decorations, overcrowding, and scare tactics that are too scary for guests.

Trick-or-Treating 

The most common accidents during trick-or-treating involve slips, trips, and falls. While poor visibility often plays a role, other factors such as spills, potholes, driveway cracks, and dangerous Halloween displays can cause slip-and-fall and trip-and-fall accidents as well.

Fireworks

Shooting off fireworks is becoming increasingly popular during Halloween. If not handled carefully, fireworks can be extremely dangerous. Fireworks of all types can—and do—malfunction, and many fireworks do not come with adequate instructions for safe use.

Car, Truck, and SUV Accidents

Car, truck, and SUV accidents are also very real risks during Halloween. Along with pedestrian accidents involving trick-or-treaters and partygoers, this includes collisions between vehicles on the road. In addition to speeding, running red lights, and other common driving mistakes, distracted driving, and drunk driving are common factors in Halloween auto accidents.

Tips for Filing a Claim if You or Your Child Gets Injured on Halloween

Regardless of how an accident happens, if you believe you have a claim, there are some important steps you should take to protect your legal rights. For example, if you or your child gets injured in an accident on Halloween, you should:

• Take photos. Many cell phones can now take good photos in extremely low light. After an accident (and at the scene of the accident if possible), take plenty of photos to document what happened.
• Talk to witnesses. If your friends, neighbors, or anyone else saw what happened, let them know that you may be filing a claim. If you don’t have a witness’ full contact information, try to get at least their phone number, if possible.
• Get treatment. While it may be difficult to give up the once-a-year chance to celebrate Halloween, if you or your child needs medical attention (or may need medical attention), you should seek treatment promptly.
• Keep any items involved. Whether the accident involved a dangerous pumpkin carving knife, costume, firework, or any other item, you should keep the item (or as much of the item as possible). If you still have the packaging, you should keep this as well.
• Don’t make any assumptions. Right now, it is important not to make any assumptions. For example, if your child fell at a neighbor’s house, you should not assume that filing a claim will lead to neighborhood strife (this is almost certainly not the case, as your attorney will be dealing directly with your neighbor’s homeowner’s insurance company).

Tips for Avoiding Halloween Accidents

While we encourage anyone who needs help after a Halloween accident to file a claim as appropriate, we also encourage everyone to do their part to help keep Halloween safe. With this in mind, here are some safety tips for avoiding accidents and injuries this Halloween:

• Avoid potentially dangerous costumes. From tight collars on capes and wings to masks that limit visibility, it is best to avoid potentially dangerous costumes. If a costume seems unsafe, there are plenty of other options available.
• Make sure you (and your children) are visible to passing motorists while trick-or-treating. Flashlights, glow sticks and reflective clothing or shoes can all help drivers see you and your family on the road.
• Stick together. Whether trick-or-treating, going to a haunted house, or attending a Halloween party, going as a group can increase your visibility while also increasing the chances that someone will spot a pothole or other trip-and-fall or slip-and-fall hazard.
• Stick to well-known areas. The more familiar you are with a location, the less likely you are to encounter unexpected hazards. Trick-or-treat in your neighborhood, and attend parties at houses and venues you’ve been to before.
• Go early. Going out before the sun goes down can help decrease your risk of being hit by an inattentive motorist. As it gets later in the night, more drunk drivers will be on the roads as well.

Talk to a Lawyer at Spivey Law Firm, Personal Injury Attorneys, P.A. About Your Halloween Accident Claim

Unfortunately, no matter how much you do to keep yourself and your children safe, the reality is that there are still many factors that are beyond your control. If you need to know more about filing a claim after a Halloween accident in Florida, we encourage you to contact Spivey Law Firm, Personal Injury Attorneys, P.A. for a free, no-obligation consultation. To discuss your situation with personal injury attorney Randall L. Spivey in confidence, call 888-477-4839 or reach out for help online now.