Personal Injury Lawyers Omaha, NE

How Omaha Trick-or-Treaters Can Stay Safe This Halloween

Halloween is a fun time for Omaha families. But there are also many ways in which both adults and children can be injured during Halloween festivities. Car accidents, practical jokes, tainted candy, and malfunctioning toys are just a few of the many possible causes of serious personal injuries.

If you or a family member gets injured during Halloween, make sure to consult with a personal injury attorney as soon as possible. You have important legal rights which must be protected. Staying safe this Halloween

Halloween Injuries Far Too Common

Many types of accidents are common on Halloween.

Car accidents pose one of the biggest risks. Child pedestrians tend to act unpredictably in the roadway as it is. This problem is exacerbated by their excitement for the holiday, the effect of being in a large group, and the potential for impaired vision or movement by their costumes. It should be noted that contributory negligence (shared blame for an accident) by a child will not bar a claim in Nebraska. Nebraska Revised Statute 25-21,185.09 notes contributory negligence will proportionately reduce the amount of damages that can be awarded, but won't prohibit a claim from being filed unless it is equal to or greater than the that of the tortfeasor (defendant). 

Drivers must make sure they are particularly cautious on Halloween. Motorists must slow down and watch carefully for children, especially those kids in dark costumes that can be difficult to see. Be prepared to react to unexpected movements by children near your vehicle.

Another common problem on Halloween is slip-and-fall accidents. Snow, sleet, and ice can often be present in Nebraska by October 31. Costumes and decorations can also increase the risk of slipping, tripping, or falling. Parents should check their children's costumes and accessories to reduce the risk of tripping as much as possible. Tighten or hem costumes as needed. Check that any masks or headpieces do not unnecessarily restrict your child's vision. Inspect footwear to ensure that it fits well, and provides adequate support and traction.

Dangerous candy, toys, and other products can also cause injuries. Most parents take care to inspect candy before a child eats it, but this cannot prevent all injuries from the trick-or-treat goodies children receive. Companies which design or manufacture dangerous products are legally responsible for injuries caused by those products. Children who are injured by such products have legal rights. It is important to not only ensure that your child receives the legal compensation to which he or she is entitled, but also to hold companies responsible for dangerous products, so that other children are not injured in the same way.

In addition to these common accidents, Halloween can also result in more bizarre accidents. The festive atmosphere leads many revelers to engage in unsafe behavior they would not otherwise consider. This was the case on Halloween 2015, when a woman snuck into the Henry Doorly Zoo in Omaha in order to pet a tiger. CNN reports that the woman was bitten on the hand and risked losing her fingers as a result of the incident. Not surprisingly, police reported that she showed signs of intoxication and/or drug impairment. This case shows the role that individuals must take in ensuring their own safety while celebrating Halloween. Never become so intoxicated (or otherwise impaired) that you cannot make good decisions for your own personal safety.

If you were injured on Halloween injury due to a slip and fall, a dangerous product (such as candy or a faulty toy), an auto accident, or any other type of accident, call an experienced Nebraska personal injury attorney. They can help ensure that your legal rights are protected.

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Ausman Law Firm

9850 Nicholas St., Suite 305
Omaha, NE 68114
Phone: (402) 933-8140
Fax: (402) 913-3471