What rights do you have if your children are injured while trick-or-treating?
31 Oct 2016
People of all ages enjoy dressing up and collecting candies on Halloween. People get to be whoever they want to be on Halloween. One of the biggest perks for children is collecting candies from houses in the neighborhood. What children don’t realize that adults must take into consideration are the risks involved with children on Halloween. One of the common risks involved on Halloween for children are being hit by a motor vehicle while they are collecting candies from house to house. A close second is being injured on someone’s property while trick-or-treating.
What most parents also fail to realize is that children have rights when they are injured while trick-or-treating. Following are the risks and rights described in detail:
(1) Injured by a motor-vehicle collision: Majority of motor vehicle accidents on Halloween occur when a child is at a crosswalk or going from a house to house for trick-or-treating. What all drivers on Halloween should take in consideration is that children are on the street, crossing the street, or going from a house to house for trick-or-treating. If your child is injured on Halloween due to a motor vehicle, you can file a claim against the negligent driver’s insurance company. By state law, drivers of a motor vehicle are required to carry state minimum insurance coverage for bodily injuries resulting from an accident. You can collect from the negligent driver’s insurance company for medical bills resulting from the injuries, lost wages for parents, and any out of pocket expenses, such as pharmacy bills.
(2) Injuries resulting from a home: A homeowner fails to maintain his property in proper manner if he has cracks on the concrete outside of the house, uneven surface or steps, candles lit in a pumpkin close to where trick-or-treaters are expected or close to walls outside of the house. If a child is injured on Halloween as a result of any of the above-mentioned reasons, the parents of the child have a claim against the homeowner’s insurance policy. The parents could collect from the homeowner’s policy for any medical bills resulting from the injuries, lost wages of parents, and any out-of-pocket expenses.
According to Safe Kids Worldwide, on average, twice as many child pedestrians are killed while walking on Halloween compared to other days of the year. Accidents happen, so be careful this Halloween.