Trick-or-treating is an exciting Halloween tradition for kids of many ages and their parents. While it can be easy to get swept up in the occasion, it is important to still be careful. This is because the tradition requires you to go onto other people’s properties. If people do not take care of their grounds, certain hazards can be present that lead to injuries for those on their property. If you are injured on another party’s property on Halloween, it is important to retain the services of an experienced attorney to assist your case.
Premises Liability Law
In the event of an accident on another party’s property, you must understand the concept of premises liability law. In Pennsylvania, all property owners are required to keep their grounds safe to ensure those who come onto it cannot become injured as a result of poor conditions. If they fail to do so and a trick-or-treater becomes injured on Halloween, the property owner can be held liable. Common situations that are covered under this law can include:
- Slip and fall accidents
- Dangerous conditions
- Defective security
- Inadequate maintenance
- Poor weather conditions
- Inadequate lighting
Often times, these accidents lead to not only physical burdens, but emotional and financial burdens as well. It is because of this that victims usually wish to seek compensation through a personal injury lawsuit. This exists to hold property owners liable for their negligence. In order to hold a property owner liable, it is the job of the injured party to prove negligence. This can be done with evidence that shows the property owner failed to protect trick-or-treaters from the dangerous conditions on their grounds. Evidence that can be used in court can include medical documentation of the injuries, pictures of the hazard, witness testimonies, and more.
Statute of Limitations
It is important to not wait too long to pursue legal action for an accident on Halloween if you wish to do so. While it is understandable to hesitate after an accident, there is a statute of limitations on filing a personal injury claim. A statute of limitations is a deadline that the injured party is required to meet in order to file a claim. If they do not meet the deadline, they may lose their opportunity to hold the negligent party responsible for the incident. The statute of limitations in the state of Pennsylvania is two years from the date of the injury.
Contact our Firm
Friedman Schuman is an experienced and dedicated legal resource for clients throughout Pennsylvania. We proudly serve clients facing a wide range of legal matters. If you require the services of an effective attorney, please contact Friedman Schuman today to schedule a consultation.