Halloween, no doubt, is the spookiest day of the year, filled with fun, thrills, and chills. Though it is an exciting night, it can also be a time for personal injuries. The U.S Consumer Product Safety Commission, has reported that an average of 3,200 Halloween-related injuries send people to U.S emergency departments every year. According to the report, 55% injuries are related to pumpkin carving, 25% are due to falls while working with decorations, tripping on costumes and walking while trick-or-treating and 20% of the injuries are lacerations, ingestions, and other injuries related to costumes, pumpkins, decorations, allergic reactions and rashes.
Those injured due to someone else’s negligence or fault may be entitled to recover compensation from them for their medical expenses, lost wages and future earning ability, or pain and suffering. It is crucial for property owners to maintain their walkways properly to prevent children or other guests slipping, falling and getting injured.
Medical records from physicians, hospitals, therapists, and specialists can serve as hard evidence that the plaintiff is not fabricating the injury. Medical records such as ambulance records to emergency room, clinic records, follow-up appointment records, physical therapy records and X-Rays, CT Scans and MRIs can prove to a judge or jury that the injury is real, and that the plaintiff underwent treatment during recovery. Accurate medical records review is crucial for attorneys to get the right information and prove negligence of the other party. Along with collecting medical records, attorneys also focus on other things such as getting witness statements, security camera footages, photographs, videos, and audio.
Parties that are mostly held legally responsible for personal injuries caused by an accident on Halloween include:
- Homeowners or property owners, when trick-or-treaters, kids or party guests are injured on their property
- Drunk or distracted drivers who cause motor vehicle accidents
- Business owners, when patrons are injured due to negligent security or due to any dangerous conditions on their property
Most Common Halloween-related Personal Injury Accidents
Some of the most common accidents that may occur during Halloween are –
Pedestrian road accidents
More pedestrians will be out on the streets during Halloween night, including lots of children and families trick-or-treating. Pedestrian related road accidents when trick-or-treating is quite common during the day. Careless drivers can then put pedestrians at serious risk of a wide variety of catastrophic or life-threatening injuries. Negligent and drunk driving can also cause serious issues. Drivers have the responsibility to use extra caution while driving on Halloween.
Medical records help attorneys prove to the jury that the injury is real and accident-related, and has nothing to do with the claimant’s underlying conditions. Parents can ensure safety by accompanying their young children around the neighborhood, putting reflective gear over children’s costumes and advising to cross streets only at intersections and when no cars are present.
Haunted house accidents
While haunted houses are fun, they can also be dangerous. In fact, haunted houses that are not designed, maintained and monitored appropriately can present several safety risks. Most common causes of injuries at haunted houses include slip and trip hazards, collision hazards, inadequate security, insufficient ventilation and lights, falling objects, overcrowding, trampling, poisoning, scare tactics injuries, and more.
Not only homeowners, businesses also have a legal responsibility to ensure a safe environment for visitors and invited guests on their premises. Property owners should also implement safety measures to protect children who are trick-or-treating, as well as adults who are attending parties, from dangerous accidents.
Slips, trips and falls accidents
Slips and falls can also happen on Halloween nights. Such accidents occur due to many causes – wearing disrupting long, draping costumes, tripping over Halloween lawn decorations, walking on an uneven pavement, and wearing a mask that impairs your vision. When slip-and-fall accidents happen on their property, homeowners may be held liable for injuries. While some slips and falls result in cuts, scrapes, and bruises, others may result in concussions and head injuries. In such cases, plaintiff’s personal injury attorneys will try to prove that the property owner (defendant) was negligent in keeping the property free of fall hazards. Homeowners are responsible for injuries, if they have created or caused the dangerous property conditions, they knew about the dangerous property conditions but failed to fix them, or if they knew about the dangerous conditions, but failed to warn visitors of the dangers.
Slip and fall injuries can be knee and shoulder injuries, broken bones, or even brain injuries. To win a slip-and-fall lawsuit in court, plaintiff attorneys will try to prove that the property owner was negligent in keeping the property free of any hazards. Personal injury attorneys can consider using medical record review services to review all the relevant medical records and prepare the required medical summary.
Fires & Burns
Halloween burn injuries can be caused by wearing long, flowing costumes near flames, not using flame-resistant materials, lighting candles in carved pumpkins, not using smoke alarm, and more. Halloween fireworks can also cause serious injuries, if they are used improperly. Persons injured by defective fireworks can submit claims against the parties responsible for creating, distributing, and selling the product.
Contact with fire, heat, or electricity can result in damage to the skin, nerves, and surrounding tissues. Cooking Halloween treats and contact with simmering hot drinks can also cause burns. Deep burns can lead to other physical complications, such as respiratory disorders, infections, and more, requiring additional medical treatments. Anyone who suffers from burns as a direct result of another party’s negligence or intentional wrongdoing can file a personal injury or burn injury lawsuit.
Evidence is crucial to prove personal injury claims, so that the plaintiffs can receive the compensation they deserve. The gathering of valid proofs will add value to the case. To win the case, attorneys may have to prove key elements such as – duty of care, breach of that duty, causation, and damages. They can rely on professional medical review services to organize and summarize the medical records collected to support the case.
Happy Halloween! Stay Safe!
