Halloween is one of the most fun holidays for families as they set out in their costumes to trick-or-treat in the neighborhood. However, while the prospect of free candy will have any child running to trick-or-treat, accidents can happen while on another person’s property, and parents may wonder who may be liable for their child’s injury.
The personal injury lawyers at the Law Office of Cohen & Jaffe, LLP have extensive experience helping clients understand who is liable after their child is injured while trick-or-treating at another party’s house. Understanding whether the homeowner is liable in these cases is important to helping you pursue the justice and fair compensation you deserve.
When Is the Homeowner Liable for an Injury to a Trick-Or-Treater on Halloween?
Halloween is a fun-filled holiday that many people celebrate. October. However, what happens if your child is injured on someone’s property while they are trick-or-treating? The first step in your personal injury case is understanding whether the homeowner may be held liable for your child’s injury.
For a homeowner to be considered liable for an injury on their property, the injured party needs to have been an invited visitor. If a porch light is on, trick-or-treaters are legally considered invited visitors to the property. If porch lights are on and the homeowner is expecting trick-or-treaters, it is the homeowner’s responsibility to have a property free of hazards that could harm those coming onto the premises.
If your child was injured on another’s property while trick-or-treating, your lawyer can help you prove their liability by collecting the necessary evidence to support your claim. This evidence would be proof of the four factors of negligence:
- 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
For help collecting key evidence to better support your personal injury claim after your child is injured while trick-or-treating, contact a trusted personal injury lawyer today.
Can You Collect Damages After Your Child Is Injured While Trick-Or-Treating?
If your child is injured while trick-or-treating at another party’s house, you have the right to pursue legal action by filing a personal injury claim on behalf of your child. When filing your claim, your lawyer will help you recover the compensation you may be owed for your child’s injuries and losses.
The damages you may be eligible to recover include the following:
- Medical expenses: After your child is injured while trick-or-treating, they may require medical care. Their recovery period may result in costly medical bills, so parents should be compensated for the cost of all necessary care.
- Lost wages: Parents of children who are injured while trick-or-treating may be unable to work while their child recovers from their injuries. As a result, they should be compensated for all wages they may lose due to the negligence of the at-fault party.
- Pain and suffering: Trick-or-treaters who are injured should be compensated for the pain and suffering they have had to endure due to the liable party’s negligence.
To get help calculating how much you may be eligible to collect for your child’s case, contact a trusted lawyer today.
Contact a Personal Injury Lawyer for Your Child’s Trick-Or-Treating Accident Case
At the Law Office of Cohen & Jaffe, LLP, our New York lawyers have over 100 years of combined experience providing legal counsel to parents after their child was injured while trick-or-treating. We will work hard to help you build a strong personal injury claim so you can recover the compensation and justice you and your child deserve after they were injured due to a negligent homeowner.
For more information about our personal injury law firm and to learn how we navigate cases like your child’s trick-or-treating injury case in New York, subscribe to our Youtube channel. For a free consultation with one of our experienced lawyers, call 516-358-6900 or complete our contact form today.
