Featured News 2011 Avoid Scary Legal Issues this Halloween

Avoid Scary Legal Issues this Halloween

Already a few days away from the night of spooks, sweets and haunts and treats, the scariest part of Halloween has nothing to do with witches, ghosts or things that go bump in the night. The Center for Disease Control and Prevention has announced that America's most deadly and dangerous holiday is Halloween and has reported it is the one day of the year that is associated with the most injuries and deaths.

As the one day of the year many Americans can get away with dressing up in crazy costumes, haunting their own home and indulging in excessive amounts of candy, also happens to be the same day when many horrendous haunts and playful pranks turn into horrifying lawsuits. There are important things to remember during the Halloween season, especially if you want to avoid legal action.

It is important to ensure that you are aware of what is on your property that could be potentially considered a hazard to any person entering, including young children. Broken branches, uncovered wells, ditches, any tripping hazards, ill-kept walkways, the list goes on. If you are worried about whether your property poses a potential for a lawsuit, you should take the time to walk around and ensure that things that could cause people to trip, slip or fall are all out of walkways.

It is also vital to remember that trick or treating happens in the dark. Good lighting is important, but you also have to be careful about overloading electrical outlets with festive lights or other decorations. Electrical hazards are high on holidays, especially those involving additional lighting. Jack o' lanterns are also a threat, though they are commonplace on Halloween. An open flame, no matter how small, can cause burns or even house fires if not treated carefully. It might be an idea to invest in battery-operated false candles to avoid the dangers of burning or fires.

Another factor of the season involves adult festivities. If you are hosting a Halloween party at your house, be aware of the fact that you may be held legally responsible for your guests' actions taken on your property or even if an intoxicated guest leaves your party and causes damage or injury. If you are serving alcohol, it is always smart to be careful and watch your guests to ensure that they do not consume too much. Letting the bartender know that there is a drink limit per person is another safety idea to consider when throwing a Halloween party.

Don't think that Halloween causes lawsuits? Think again. Recent examples include a woman who sued Universal Studios for $15,000, claiming that the Halloween Horror Nights haunted house was "too scary" and resulted in mental anguish, extreme fear and emotional distress. Another example involves a woman who was chased by an actor wielding a prop chainsaw and fell. She also sued for damages after she claimed injury after she was allegedly tangled in the floor mats.

Halloween can be a fun holiday, but it's very important to stay safe and informed of your local laws so that you do not become the target of a lawsuit based off of alleged negligence in regards to your property or your actions. If you have questions about what you might be responsible for, you should contact an attorney who has experience in the area of premises liability law and he or she may be able to advise you on the steps you can take to protect yourself. The most important thing to remember is to be safe on this spooky night!

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