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Premises Liability AttorneyStatistics provided by ‘the balance’ reported that around 179 million people in the United States celebrated Halloween in 2017, resulting in a record $9.1 billion Halloween retail spending. Halloween is a festival of joy with people dressing up in costumes and having a good time, however, the most favorite part for children during Halloween is candies. Without scavenging for treats, their Halloween remains incomplete. You may also be planning to hand out candy to kids at your home, however, it is prudent and beneficial to get yourself familiar with premises lability concerns during trick or treat.

Premises Liability Concerns During Trick Or Treat

Premises liability is a legal concept that comes into play if a visitor sustains an injury due to a defective or unsafe condition on someone’s property. As a property owner, you owe a responsibility to your guests for creating a reasonable and safe environment for them. Therefore, in case a guest becomes injured, you may be deemed responsible.

This incident may have been caused due to a simple slip and fall or perhaps your Halloween decorations malfunctioned. You also have to assume responsibility for warning your visitors of any potential dangers and to keep away from any hazardous area. To constitute a liability, there must be three requirements that must be met: negligent conduct, actual damages, and negligent conduct being the reason for an injury.

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On Halloween you may be wondering how a person can be held liable for trick-and-treaters if they are not their guests. There are certain rules pertaining to Halloween “guests”. If a porch light is turned on, it may be considered as an invitation onto their property, therefore, trick-or-treaters are deemed as invitees. As a result, homeowners may be responsible to take a reasonable level of care of their guests. For instance, eliminate any potential hazard or place a warning sign about potential hazards.

On the other hand, if a porch light is turned off, this may be translated as a fact that a homeowner is not offering an invitation to their property. Hence, this may deem trick-and-treaters as trespassers. That being said, it is imperative that people exercise some precautions as stated above to remain prudent and extra careful. Not only it may help children to avoid potential injuries, but also save an individual from a potential litigation.

If your child became injured during trick or treating on Halloween due to negligence of another individual and you are intending to file a lawsuit of premises liability, it can be highly beneficial for your case to hire a competent personal injury lawyer. Your attorney will use their vast experience and skills to protect your rights, gather evidence to establish a liability, and help you obtain a rightful compensation for your damages.

If you wish to know more about this issue or to schedule a consultation session, contact the offices of Mary Ann Covone at (708) 246­4911 to get in contact with an experienced personal injury lawyer.