Can I Get Compensation for My Halloween Injury in Illinois?

 Posted on October 30, 2024 in Personal Injury

From haunted houses and pumpkin carving to costume parties and trick-or-treating, Halloween has plenty of fun activities. Still, accidents happen every year on and around October 31, abruptly ending the fun with injuries and visits to hospital emergency departments. If your injury resulted from someone else’s negligence, you may be eligible for compensation through a personal injury claim.

The experienced lawyers at Kanoski Bresney hope your Halloween celebrations are safe and happy. If an unfortunate accident happens, we are ready to help you get the compensation you deserve.

What Is Premises Liability, and How Does It Apply to My Halloween Injury?

Property owners, business managers, organizations, and government agencies are all responsible for keeping their property safe for invited visitors. When an unsafe condition leads to an injury, the victim may be able to seek compensation through a premises liability claim. Trespassers typically do not benefit from these claims, although young children who are unaware of property boundaries may be exempted.

To qualify for a premises liability action, you must prove that:

• The party responsible for the premises owed you a duty of care.
• That party knew or should have known about the hazardous condition.
• The party had enough time to address or repair the hazard but took no action.
• You were injured as a result.
• Your incident and injuries caused damages, which are specific losses.

Proving this type of negligence is tricky because it can be challenging to establish when the responsible party becomes aware of a risk. Your attorney from Kanoski Bresney will investigate your accident, gather supporting evidence, and clearly establish liability.

Several common Halloween accidents and injuries may fall under premises liability, such as:

• Dog bites or attacks
• Slip and fall accidents, whether in dim haunted houses, on broken pavement, or steps while trick-or-treating
• Halloween decor or haunted house props falling
• Assaults
• Burns from open flames in carved pumpkins or bonfires

These and other accidents could qualify you for compensation.  Foodborne illnesses, including from food served at parties or candy handed to trick-or-treaters, could also give you grounds for a claim. Call Kanoski Bresney to discuss your situation and legal options.

Do Pedestrian and Drunk-Driving Accidents Increase on Halloween?

Unfortunately, they do. Children are the most frequent pedestrian accident victims, with the injuries sustained often catastrophic or fatal. A recent study reported a 43 percent higher risk of pedestrian fatalities on Halloween than on other nights.

Alcoholic beverages accompany many adult Halloween activities, with alcohol-related car accidents commonly causing multiple injuries and fatalities. Teens often sneak drinks, as well. Combined with driving inexperience and an inclination for distracted driving, intoxication for teen drivers is often a disaster in the making.

Call Our Skilled Champaign, IL Premises Liability Lawyers

Halloween accidents can change your life in a moment, but a competent Springfield, IL car accident attorney can help you get the compensation you deserve. Call Kanoski Bresney at 888-826-8682 for your free consultation today.