Who Is Liable for Halloween Injuries

What happens if your kids are out trick or treating Halloween night and someone sustains an injury? Who is liable? As a homeowner, do you have any obligations when it comes to keeping your property safe for visitors? The law can get a bit SCARY when it comes to injuries sustained while at a store or on someone else’s property, but here are some basic guidelines.

A Homeowner’s Duty

In the State of Florida, the law requires all landowners (business owners included as well as homeowners) to keep a property in a reasonably safe condition.

This means the following:

  • Railings should be secure
  • Any holes should be filled in
  • Wheelchair ramps should be up to code 

Homeowners that know of any existing conditions are obligated to fix those problems right away. But what if you don’t know about a potential problem with your home? Here’s where things get complicated. 

Homeowners Must Know

The law also notes that all homeowners must do periodic inspections of a property - and this extends to business properties as well. While the law is slightly more lax when it comes to personal property (you may not know that your railing is loose, for example), if you own a business you must have knowledge of every aspect of your property at all times.

A lot of businesses in Florida celebrate Halloween by inviting the public to take part in a celebration. If you intend to have any kind of Halloween celebration at your place of business, make sure to pay careful attention to the next portion of this article.

A Business Owner’s Duty

If a person that’s visiting your business slips and falls due to a liquid or any other kind of slippery substance, you should know that it is your duty and obligation to know about this problem.

Someone that falls inside of your place of business because of a wet floor or other issues may be able to gain compensation. If this happens, do not try and bribe that person with a gift card or other offering. Instead, make a note of the accident and call for medical attention immediately.

On the Other Side of Things

What if you have fallen when you stepped into a business? If this is the case, make sure to do the following:

  • Document the date and time
  • Take a photo of the substance or condition that caused you to slip
  • Seek medical help right away
  • Tell the business owner that you have injured yourself

Most of the time, slip and fall accidents are not serious, but sometimes these accidents can have dire consequences. This Halloween, play it safe and make sure that your property is as secure as it can be, and that you pay attention to where you walk if you do decide to join in a Halloween celebration.

Do you need help figuring out a personal injury claim due to a slip and fall accident? Call the Dellutri Law Group today for a FREE case evaluation - our job is to make sure that you receive the compensation that you deserve when it comes to personal injury claims. As I have always said: “if Insurance Companies treated people fairly, I wouldn’t have a job”.