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Halloween Accidents: 5 Ways to Strengthen Your Premises Liability Claim

Halloween in America

Samhain is a traditional Celtic festival that marks the end of the harvest season. It’s also a popular pagan holiday that invites supernatural creatures and the souls of the dead into the mortal plane – very spooky! In the past, ancient Druids would build sacred bonfires and dress up in animal skins to tell fortunes and weave tales. Although traditions shifted as Samhain evolved into All Saints Day, and then All Hallows Eve, and finally Halloween, the most important factors never changed: sweets, costumes, and festive gatherings.

We may have abandoned the more problematic rituals, but we certainly haven’t lost the spirit of Halloween, however “spoopy” it may be. Each year, flocks of costumed children and adults roam the residential tracks and urban streets of Florida. Whether you’re looking for trick-or-treating events, haunted houses, or a good party, you can bet that Halloween has a little something special just for you.

Slip & Fall Accidents on Halloween

There’s a reason emergency rooms are flooded throughout the month of October. As Halloween draws closer, people are decorating homes, theme parks, business spaces, and other public venues without thinking about the potential consequences. For example, a guest, tenant, or passerby could easily trip on a fake coffin or slip on a loose wire. And what about children who are compelled to climb an elaborate set-up, only to fall off it (attractive nuisance)?

The following injuries have been linked to Halloween-based slip and fall cases:

  • Traumatic brain injuries (TBI)
  • Burn injuries
  • Multiple bone fractures
  • Spinal cord injuries
  • Lacerations
  • Neck injuries
  • Nerve damage
  • Eye injuries
  • Loss of limb
  • Hip fractures

In Florida, a property owner has a legal obligation to ensure that their home or business is both safe and reasonably maintained. If someone is injured because this duty of care isn’t upheld, then the injured party may have grounds to file a premises liability claim.

A serious accident injury can change the course of your life forever. Fortunately, there are 5 steps you can take to strengthen your case and protect the validity of your claim:

  1. Establish the Causal Link: All premises liability cases are based on the concept of negligence. You can establish a causal link between your injuries and the property in question by visiting your doctor. A physician can update your medical record and compose a letter that clearly explains how your injuries were caused by the property defect.
  2. Take Pictures of the Property Defect: To secure damages, you need to prove that the owner was aware of the defect, or, at the very least, should have known about it. You can establish negligence by taking pictures of the property, the defect, and any surrounding dangers. It may be Halloween, but neighbors and business owners can’t be lax when it comes to public safety.
  3. Document Your Injury: One way to maximize your claim is to keep an ongoing log that demonstrates the extent of your injuries and how they impact your career, social life, and daily activities.
  4. Keep Track of Your Injury-Related Expenses: Likewise, you also need to keep track of any bills, receipts, lost wages, and statements that are related to your accident injuries, as undocumented expenses may not be eligible for compensation.
  5. Hire a Qualified Legal Professional: Premises liability is an extremely challenging and nuanced field of law. An experienced lawyer can thoroughly investigate your case, handle paperwork and filing deadlines, and tirelessly litigate on your behalf for a favorable settlement or verdict.

Do You Require Personal Injury Representation?

Contact the slip, trip and fall lawyers at Lauri J. Goldstein & Associates, PLLC if you require legal representation this October. Our client-driven legal team can help you pursue damages that cover your medical bills, lost wages, pain and suffering, and more.

Rely on 70+ years of collective legal experience. Contact Lauri J. Goldstein & Associates, PLLC at (866) 675-4427 to arrange a free, no-obligation consultation