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What are the Risks and Dangers of Halloween? What if my Child is Injured on Halloween Night?

By David Wolf, Attorney
Published by Child Injury Lawyer Network


Halloween is a great time for fun and celebration for children, families, and neighborhoods. With all of this activity, there are also risks and dangers to children. It has been reported that Halloween is one of the top three holidays associated with children being sent and treated at an emergency room. The other two holidays are Memorial Day and Independence Day (Fourth of July). It is estimated that over 40 million children will participate in Halloween trick or treat activities this year. Because of the sheer numbers who will be out in the streets and neighborhoods along with the fact that Halloween is traditionally celebrated at night, many children are injured every year during Halloween.

Here are some safety tips to keep in mind for Halloween:

Costumes. Costumes should be flame resistant, bright in color, and good fitting so that the child does not trip or otherwise get injured from an improper fitting costume.

Masks</strong>. Masks, when worn, should allow for good visibility and ventilation so that breathing is not affected or limited by the wearing of the masks.

Shoes. Heels and platform type shows should be avoided especially when running / walking through neighborhoods.

Glow Sticks and Flashlights. The more visibile the child — the better. Parents and children should use flashlights and glow sticks so that the child can be easily seen by motorists, other trick or treaters, and parents supervising Halloween activities.

Parental Supervision. Parents should walk with children during trick or treating activities. For older children, parents should supervise these children as well when practical to do so.

Driving in Residential Areas and Other Areas. Since Halloween brings out children pedestrians in very high numbers, drivers should proceed with caution when driving in residential areas as well as all other areas. Drive well below the speed limit on Halloween because of the presence of children. When possible, limit driving on Halloween night.

Trick or Treating Activities. It is typically better to trick or treat in a neighborhood that you and your child are familiar with as to the streets, crossroads, homes, and, most importantly, the homeowners.

You can read more about Halloween Safety at Halloween is Top Three Dangerous Holidays.

If a child is injured during Halloween activities, there may be a legal case to pursue if the following legal elements of the case can be established and proved:

1. Duty;
2. Breach of Duty;
3. Causation; and
4. Damages.

The pursuit of a case will depend on the above legal factors as well as practical considerations as well including the severity of the injuries and extent of medical treatment of the injuries involved. If a parent has a question about a personal injury case, the parent should contact a Child Injury Lawyer for advise and possible legal representation.

The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. A parent or other interested person can receive this book for free at The ABCs of Child Injury.

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