With Halloween just around the corner, families everywhere are preparing for a night of confections and costumes. Hopefully, neighborhoods are also preparing to host the safest night for our community’s children as they go from home-to-home looking for the best treats. Accidents can and do happen, but there are certain things that homeowners need to know about safety and liability before someone potentially gets hurt. If proper precautions are not taken, Halloween slip and falls can be a haunting incident for homeowners.
Premises Liability & Halloween Slip and Falls
Safety should always be a top priority, even during the holidays when everyone is excited about having fun. Every day of the year, homeowners have a responsibility to make sure they maintain a safe premise on their property, as it is possible to fall foul when people wonder who can be held liable for a slip and fall accident when one happens. This means that if there is a danger or risk to being on the property, the homeowner has warned guests of the unsafe condition, or has taken proper steps to eliminate the danger. For many homeowners in South Florida, this can also mean ensuring that your pools are secure and protected from the possibility of a child wandering into the yard, slipping, and falling.
Slip and fall accidents that result in a major injury may be the fault of the homeowner if he or she knew of a danger or risk on the property and did nothing. However, victims need to understand that they may have some responsibility if they could have avoided the danger and did not, or if there was another factor such as alcohol involved that led to the slip and fall on the property.
What to Do After A Slip and Fall Accident
In any type of incident where there is an injury, you must know who is responsible to file a claim. For example, if there is a defect on a sidewalk, it could be the responsibility of the city or municipality to fix, or the sidewalk may be owned by a property owner. The first step in filing a personal injury claim related to a slip and fall is to locate the actual person responsible for maintaining the safety of the premises where the incident and injury occurred. In more complicated cases, this is something an experienced personal injury attorney can help you find out prior to filing a claim.
If you are involved in a slip and fall accident, you must put embarrassment aside and document the incident. It’s best to get photos of the scene to prove that the property owner knew of this risk on the property but did not take the proper steps to secure it. Additionally, if there were witnesses to the accident, get the names and contact information of everyone around. These witnesses will be important should you choose to pursue a claim against the property owner.
Protect Yourself Against a Slip and Fall Claim this Halloween
The best way to protect yourself against a haunting incident this Halloween is to simply ensure that your property is safe for all who visit. Check walkways and ensure that there is proper lighting in all public areas. You want to make sure that visitors always feel safe, and this can include safety and security measures such as lighting. If you are worried about the sidewalk in front of your home, contact your local municipality and explain that safety is a top priority to you and those in your community.
In the event that you are the victim of a slip and fall injury this Halloween or anytime, contact us at Panter, Panter, and Sampedro. Our attorneys are experts in pursuing claims against those who have acted negligently by neglecting to provide a safe environment. You can reach us at 305-662-6178 or find us online at panterlaw.com.