Child Injury Due to Negligence on Halloween

Written by Cooper & Friedman PLLC on October 21, 2024

Child Injury Due to Negligence Halloween

For many children in Kentucky, Halloween is a night that they look forward to every year. When else do you get to dress up as your favorite character, hang out outside as it gets dark, see your friends’ costumes, and get free candy? There are many families who look forward to handing out candy as well, and its a great holiday to build community. However, there is a downside to having so many citizens outside as it gets dark – accidents happen much more frequently on Halloween. Child injury due to negligence rises as children are less recognizable, near roadways, and on unfamiliar properties. Learn more about how you can receive compensation for your child’s injury on Halloween below.

Negligent Tort

Negligent tort, more commonly known as negligence, is a broad area of the law. It encompasses injuries that result from a failure to act reasonably and includes both action and the omission of action. On Halloween, negligence can be the cause of several personal injuries, but child injury due to negligence skyrockets. This is because:

Trick-or-treating times coincide with adult parties and alcohol, leading to impaired decisions and DUIs.
Children are small and not always visible from the driver’s seat.
Children can act unpredictably and are more distracted on Halloween.
Drivers are more distracted on Halloween.
Children’s costumes can make them less visible to others as well as obscure their periphery with masks and collars.
There are several people going on and off of unfamiliar properties in potentially unfamiliar parts of town.
Homeowners know their property much better than trick-or-treaters, and might not think to fix a dangerous hazard.

Negligent tort covers everything from motor vehicle accidents to premise liability. This makes it one of the most common litigations for child injury.

Premise Liability

As children go in and out of walkways, yards, porches, driveways, and the like to retrieve candy, many parents trust that the owner of the house has made their property safe. This means that there are no dangerous animals around, that the surfaces are clear of any tripping hazards, that the house is up to code, and that there is adequate lighting. In the case of child injury due to premise liability, the prosecutor needs to prove:

That the dangerous condition existed on the defendant’s property
That the injured child was allowed and expected to be on the property/equipment
That the property owner was negligent in the proper care of the property/equipment
That because of the negligence, the child sustained bodily injury
That the property owner’s negligence was a key cause of the child getting injured.

Many times, houses will have plenty of signs to let parents and kids know if they are or are not giving out candy. Taking this into consideration, this is one day of the year that people can reasonably expect children to be on their property. Therefore, their property needs to be prepared for that. Premise liability covers events such as:

Slips, trips, and falls
Stairway accidents
Fire safety and building code violations
Inadequate lighting
Falling objects
Swimming pool accidents
Dog bites or dangerous animal attacks

In relation to negligent tort, if a property who is clearly giving out candy to trick-or-treaters has a hazard that injures your child, their failure to correct the hazard (omission) whilst inviting children and their parents onto their property could result in litigation for medical bills.

Premise Liability in Public Spaces

A child’s injury due to a property owner or manager’s negligence can be a government or municipality’s breach of duty of care. Therefore, you may have the opportunity to bring a case against the government for accidents in public or government-owned places in Kentucky like:

Public parks and playgrounds
Public roads
Public sidewalks
Public buildings

Car Accidents

According to a study conducted by USA Today, from 2011 to 2020, more child pedestrians were killed in motor vehicle crashes that happened on Halloween than on any other date – up to 2x as likely than any other night, and 40-60% of those accidents involved a drunk driver.

Part of negligent tort covers reckless or dangerous actions that result in injury. Driving while intoxicated or under the influence of other substances is classified as reckless behavior. However, the driver doesn’t need to be intoxicated to cause an accident. Speeding, ignoring traffic signs, violating traffic laws, and not paying attention to the increased number of pedestrians out and about is also categorized as unreasonable behavior by the driver that results in harm. Child injury due to negligence of a driver is grounds for litigation.

How to Make Halloween Safer For Children

While others’ negligence cannot always be avoided, there are ways that you can help keep children safe on the Halloween holiday.

Have an adult accompany children while they trick-or-treat, no matter how old they are or if you think the area is safe enough for them to go alone.
Include a flashlight or visibility vest/band on your child’s costume so that drivers can see them.
Check to make sure there are no animals around the house before approaching someone’s porch for candy.
Trick-or-Treat in areas that have sidewalks, and are not near a busy road.
Always remain aware of your surroundings.

Child Injured on Halloween? Contact Cooper and Friedman, Child Injury Lawyers in Louisville

When it comes to scares on Halloween, we hope that everyone sticks to harmless pranks and horror movies. However, if you or your child does experience a personal injury, call Cooper and Friedman. We specialize in both regular personal injury and child-specific personal injury.

If you or your child has experienced a personal injury in the State of Kentucky and are in need of an experienced injury attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of child personal injury victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.