What Steps Can I Take to Keep Everyone Safer on Halloween?

Reviewed by Jay S. Hausman, Esq.

Halloween is an exciting time for kids, but it can also be a dangerous holiday if proper precautions are not taken. Whether you have kids or you don’t, there are things that all of us can do to ensure that this holiday creates fun memories for everyone. Follow some advice from our Westchester County auto accident attorneys and keep trick-or-treating safe and stress-free.

How Can I Keep My Family and Others Safer on Halloween?

Whether you are just driving around in your neighborhood or it’s your first time taking your kids out trick-or-treating, there are steps you can take to make everyone safer on this fun holiday.

Unfortunately, Halloween can be one of the most dangerous nights of the year. As children roam the streets looking for candy, they are at an increased risk of being struck by a negligent driver or falling due to dangerous property conditions. Serious injuries can turn this fun fall holiday into a real-life nightmare.

As a Driver

If you have to drive around on Halloween night, travel slowly and carefully. This is especially necessary if you have to go around a lot of turns or if you are in an area with less lighting than some of the other streets in your neighborhood. Put away your phone and avoid other distractions, keeping your focus entirely on the road and the small children who could suddenly run out.

As a Parent

If you are trick-or-treating with your kids, make sure that they know how important it is to wait at street crossings and only go after they have looked both ways. If there is a car stopped at a crossing, tell them to make eye contact with the driver before crossing. You should also look out for cars suddenly backing out of driveways or turning onto your road from nearby streets.

Essential Pedestrian Safety Tips for Crossing the Street

• Look both ways before crossing: Ensuring the children look both ways before they cross the street is critical. Children should understand that they should never assume a driver sees them in the roadway.
• Cross only at designated crosswalks: Though it may seem easier, crossing the street in the middle of a block or from behind parked cars can severely limit visibility for both pedestrians and drivers. As such, you should only cross the street at designated crosswalks.
• Avoid all distracted walking: Avoid crossing the street while distracted by a cellphone or other devices, as this can contribute to pedestrian accidents.
• Ensure costumes properly fit: Parents should ensure that children’s costumes properly fit to avoid slips, trips, and falls that result in subsequent injuries.

Should I Create a Safe Halloween Route Beforehand?

You can also try to create a safer trick-or-treating route before you get out into your neighborhood. Focus on areas with good lighting and well-maintained sidewalks that won’t be tripping hazards. If your older kids want to go off on their own and you are comfortable with that, let them. Just make sure you give them the same advice we gave you about paying attention, looking out for cars, and not getting distracted by their phone.

Are Some Halloween Costumes Safer Than Others?

Some Halloween costumes can be a safer choice than others. Big masks can be hard to see out of, especially for smaller children who may be wearing something that’s actually made for bigger kids or adults. You can try costumes that involve face paint or makeup instead. We also recommend having something bright attached to each child’s costume somehow. Glowsticks or reflective tape can help a driver see a child from farther away.

Understanding Homeowner Liability and Premises Liability Law in New York

It’s important to understand that, as a parent or guardian, there is only so much you can do to protect your child from harm’s way on a dark Halloween night. Unfortunately, many accidents are the result of negligent homeowners who fail to ensure their property is safe for visitors.

While most reasonable individuals understand that Halloween entails excited children coming onto their premises to knock on doors, others fail to inspect their property for unsafe conditions ahead of time.

Property owners are legally responsible for ensuring their property is in safe condition, as any injuries that occur can result in liability.

Safety Tips for Homeowners to Prevent Slip and Fall Accidents

• Clear all walkways and paths: Homeowners should ensure that all walkways, driveways, front steps, and porches are cleared of any decor, debris, wires, or other hazards that could cause a child to trip and fall.
• Secure steps and railings: Property owners are required to conduct routine inspections, including ensuring that their steps, porches, and railings are secure and sturdy for all lawful visitors, including trick-or-treaters.
• Provide sufficient lighting: One of the most important steps you can take is to make sure that your yard, driveway, and walkway leading up to your front porch are sufficiently lit so that eager trick-or-treaters can see safety hazards.
• Manage real fire hazards: If real candles are used to light jack-o’-lanterns, they should be kept out of the reach of small children and placed far enough away from walking paths so as not to pose a fire or burn hazard to children.
• Restrain domestic pets: If you have pets, it is best to keep them away from the front door or porch area, especially if your animal tends to be more aggressive, as this can help prevent unexpected attacks.
• Check candy expiration dates: Homeowners should check candy to ensure it is not expired or opened before handing it out to children.

What Should I Do If Someone Does Get Hurt?

Accidents can still happen even if you take every possible precaution. If you or a family member gets hurt, you should act quickly to protect your health and gather the evidence needed to file what is known as a premises liability lawsuit against a negligent homeowner.

In order to pursue action against the homeowner, you’ll first need to enlist the assistance of an experienced personal injury attorney who can help prove that your child suffered injuries as a result of a homeowner’s negligence. Unfortunately, the insurance adjusters aren’t likely to help, as their primary goal is to save the company as much money as possible, even if that means minimizing or disputing your claims.

Step-by-Step Response After a Halloween Accident

• Notify the property owner: You should immediately inform the homeowner, property manager, or landlord of the accident and the condition responsible for the incident.
• Document the hazard and injuries: You should take photos and videos of the accident scene before the property owner remedies the condition, as this can help serve as important evidence. You should also take photos of any visible injuries sustained by your child;
• Seek immediate medical care: Your child should receive medical care as soon as possible for their injuries, as this ensures they obtain the necessary care while also establishing official medical records that can help link their injuries to the accident.
• Exchange contact and insurance information: If an automobile collision occurs, or a slip and fall happens, contact and insurance information should be exchanged with the driver or property owner.
• Gather independent witness contacts: Talk to nearby witnesses who saw the accident occur and collect their names and phone numbers, as witness testimony can be highly beneficial to your future legal claim.
• Retain a skilled personal injury firm: Retain the services of an experienced New York personal injury attorney who can work to collect and display crucial evidence, such as neighbors’ surveillance footage, police reports, and medical records.

What Is the New York Statute of Limitations for Halloween Accident Claims?

New York, like all states, imposes a statute of limitations, which is the timeframe an injured party has to pursue legal compensation. This includes auto accidents and premises liability claims. As such, failure to file within this timeframe means that you will be barred from recovering the compensation you deserve for the injuries you have sustained.

Legal Filing Deadlines in New York State

• Three-Year Personal Injury Deadline: Injured individuals in New York generally have three years from the date on which an injury occurs to pursue legal action against a negligent party.
• Tolling Exception for Minors: Accidents that impact children under the age of 18 will have the statute of limitations paused until their 18th birthday, in which they will have three years from the date to pursue compensation.
• Protecting Essential Evidence: Bringing your case to an attorney’s attention right away is critical, as vital evidence like neighborhood security camera footage can be overwritten and witnesses’ memories can fade over time.
• Firm Commitment to Deadlines: Working with an experienced legal team ensures that your claim is thoroughly prepared and promptly filed well ahead of the three-year mark.

Contact Our Experienced Westchester County Firm

At the Hausman Law Group, we understand how overwhelming it can be when your child sustains an injury, especially on what was supposed to be a fun holiday. As such, our firm is committed to helping you navigate these difficult matters. If your child was injured as a result of someone else’s negligence, do not wait to contact one of our attorneys today to learn how we can help you fight for the justice you deserve.