A Halloween Safety GUIDE for Drivers and Trick-or-Treating Pedestrians *2024 UPDATE*

Halloween is a fun time for the whole family, filled with exciting activities and opportunities to create lasting memories. From costume contests and parades to haunted houses and pumpkin carving, there’s something for everyone to enjoy. The tradition of trick-or-treating, where children visit homes to receive candy, is a cherished part of the holiday.

Unfortunately, the festive holiday comes with its fair share of risks. With more people out and about at night, the likelihood of collisions and injuries soar. Reduced visibility at night, distracted pedestrians and drivers, and the excitement of the holiday can create dangerous hazards for everyone on the road.

While Halloween is the perfect time to dress up or scare yourself and others silly, it’s also a very accident-prone occasion. Families need to be vigilant and take precautions to ensure a safe and fun Halloween.

Is Halloween A Problem? Safety Concerns For Drivers And Trick-Or-Treating Pedestrians

You might be surprised when you hear the answer to the question, “What is the deadliest day of the year for pedestrians?” From 2011 to 2020, adult pedestrian fatalities by motor vehicles were at an all-time high on November 1. Several fatalities occurred in the early morning, perhaps due to an extended night out. With these numbers, Halloween accidents are not something anyone should take lightly.

Additionally, Halloween sees the most deaths among child pedestrians. Several factors, including dark costumes, low visibility at night, and alcohol use among adults, often lead to this tragic outcome. Going out at night is dangerous on a normal day; what more during Halloween, when entire neighborhoods go out together?

Safe Kids Worldwide reports that the likelihood of children being struck and fatally injured by a car on Halloween is over two times higher compared to any other day annually. People should do whatever it takes to prevent these tragic pedestrian accidents involving kids from happening. If parents and drivers work together and follow the steps in this comprehensive safety guide, we can hopefully make California streets safe for everyone on Halloween night.

“Kids are excited about wearing costumes and trick-or-treating, but it’s up to the parents to make sure they do it safely,” says Arash Khorsandi, attorney and founder of Arash Law. “Using common sense and going with your kids is the best way to avoid an unfortunate Halloween event.”

In the event that you or your child sustain injuries in a traffic accident, consult with our car crash attorneys as soon as possible. An injury lawyer will safeguard your fundamental right to be compensated for your injuries, guiding you on what to say and do to win your personal injury claim.

Call Arash Law at (888) 488-1391 to schedule your free consultation with experienced personal injury attorneys. Our decades of unrivaled experience in negotiating for clients mean we have what it takes to ensure you receive maximum financial compensation.

Safety Risks At Halloween

Halloween is a night of fun and fright, but it also comes with its own set of risks. Although the festivities are delightful, several potential hazards lurk beneath the surface. Whether you are trick or treating, attending a Halloween party, or simply enjoying the decorations, prioritizing safety is of utmost importance.

Here are some risk factors to watch out for:

• Child Safety Risks — Halloween is predominantly a child-centric event. The streets are filled with children, many of whom wear dark costumes that are hard to see for drivers. Preventing tragic accidents begins with ensuring your whole family abides by various safety measures.
• Increased Pedestrian Traffic — There is an increase in pedestrian activity during Halloween, with large groups moving from house to house. This surge increases the risk of injury, especially in neighborhoods not accustomed to heavy foot traffic.
• Impaired Judgment — There’s a possibility that alcohol or drug consumption will rise during Halloween parties and celebrations. Intoxicated drivers and pedestrians can make unpredictable decisions, increasing the likelihood of an accident.
• Costume Hazards — Costumes can restrict vision, movement, and even breathing. Kids may have difficulty spotting oncoming cars and obstacles when wearing masks. A costume or prop that is too long can also be a tripping hazard.
• Unfamiliar Environments — Families and children often search for the best treats in unfamiliar neighborhoods. Using unfamiliar routes or ignoring specific hazards can lead to unforeseen accidents.

What Drivers Can Do To Stay Alert On Halloween — Tips For Driving Safely

All drivers have a duty to drive safely. This means they must exercise reasonable care when driving and react appropriately to hazards on busy streets. On an extra busy night like Halloween, drivers must be more cautious to avoid hitting pedestrians on the roadway.

Drivers who fail to do so can be found at fault for causing a car accident. This negligence makes them legally obligated to compensate the victim for all the losses they suffer from the accident.

Here are some important Halloween driving safety tips all drivers need to follow:

Slow Down

As a driver, the single most effective thing you can do to reduce your risk of causing a speeding-related accident is to slow down. This gives you more time to react to dangerous road conditions and obstructions in the roadway. It also reduces the severity of injuries sustained in an accident, which can mean the difference between life and death.

On Halloween night, there are many children on the sidewalks. They are not familiar with the rules of the road. They are impulsive and excited, making them more likely to dart into the roadway unexpectedly. By slowing down, you can react quickly.

Don’t Text And Drive

Using a phone while driving is dangerous. Some drivers feel they are experienced enough to text and drive safely. This is simply not true. Research has repeatedly found that distracted drivers have delayed response times and are more likely to cause traffic accidents.

Texting while driving is especially dangerous on Halloween. There are more pedestrians on the road, and children are more likely to act unpredictably. Drivers need to be more focused than ever when driving in these conditions. The California Vehicle Code prohibits drivers from texting while driving. Motorists should always follow this law, especially during Halloween when the risks are magnified.

Don’t Drink And Drive

Like texting, it is always illegal to drive while intoxicated. Drivers must follow this law on Halloween. Many adults host Halloween parties or go out to bars to celebrate. The temptation to drive after drinking can be intense.

With so many children on the streets on Halloween, drunk driving accidents are more deadly than usual. It’s best to assign a designated driver to take you places. The wide availability of rideshare services like Uber and Lyft makes it so that there’s simply no excuse to drink and drive. Get an affordable ride on-demand from your smartphone. It could save a life.

See And Be Seen

It is essential to ensure your vehicle is visible to other road users. Use your headlights — even if it is not yet dark. Use your horn as necessary to get the attention of other drivers, bicyclists, or pedestrians who do not see your vehicle. Look carefully in all directions before proceeding through an intersection.

Dark costumes and masks can make it even more difficult to see pedestrians on the roadway. Use your turn signals and hazard lights to alert other drivers to your movements.

Yield To Young Pedestrians

Even if you technically have the right-of-way, be prepared to give it up. It is better to wait a few extra seconds than to cause a devastating failure-to-yield accident. Remember, children do not understand the rules of the road. They do not have an adult’s experience of yielding to other road users.

On Halloween, they are also excited and will often run in and out of the road in their eagerness to get candy. When a vehicle stops to let kids out, the candy-hungry children might dash out of the car without checking the road around them. Drivers must be prepared to react to these conditions. Allow extra time and space to stop on Halloween.

Don’t Pass Stopped Vehicles

On Halloween, stopped vehicles are often dropping off trick-or-treaters. Children might run out of vehicles as soon as they stop. They might run into the road or make other unexpected movements.

Allow stopped vehicles plenty of space in the roadway. Rather than speeding around a stopping vehicle, stop and give the driver plenty of time. Look carefully in all directions around the vehicle for children. Only pass the vehicle once you have fully stopped and checked for pedestrians in all directions.

Be Careful Of Your Costume When Driving

A costume can get in a driver’s way and interfere with the safe operation of the vehicle. If your costume involves loose parts or footwear that may slip from the pedals, wait until you get to the party to put it on. Driving more carefully is especially important if your costume involves a mask. Restricted visibility is even more dangerous on Halloween, and there is no reason to wear a mask while driving.

Teach Children To Buckle Up Every Time

If you are driving your trick-or-treaters around on Halloween, you will likely make several short trips between blocks or neighborhoods. You might be tempted to skip the seatbelt during these short trips. However, an accident can occur any time you are in a vehicle, regardless of how short the trip is. Teach children to buckle up every time the vehicle is in motion.

The National Highway Traffic and Safety Administration (NHTSA) reports that seatbelts saved nearly fifteen thousand American lives in 2017. Appreciating their importance, about 91.9% of Americans used seatbelts in 2023. Seat belts should always be worn — especially on Halloween when there is an increased likelihood of being injured in a traffic accident.

Be Careful When Backing Up

It’s worth saying again: children do not comprehend the rules of the road. They make many unpredictable movements. This is especially dangerous for a driver who is backing up. A small child might not be easily seen in a rearview mirror — especially if you have a high-profile vehicle like an SUV.

Backup cameras have become standard equipment in many vehicles. They have helped reduce backup accidents and prevent injuries. However, drivers should visually check their surroundings in addition to using a backup camera. Check carefully for children who are anywhere near your vehicle. When it is clear, begin reversing very slowly. Cover your brake and be prepared to stop quickly. Make sure your lights are on, and your vehicle can be clearly seen.

What Parents and Children Can Do to Stay Safe When Trick-Or-Treating

While drivers must watch out for children in the roadway, it’s also crucial for parents to teach their kids road and Halloween safety rules. Kids should be supervised to ensure these rules are followed. Families should discuss safety long before putting on costumes.

Here are some important trick-or-treat safety tips for parents and children:

Be Highly Visible At All Times

The more visible your little ghosts or goblins are, the better drivers can see them. Add reflective tape or paint to the costumes. Give your child a glow stick or flashlight to use while outside. Light-colored fabrics and other visible pieces can be worked into a costume design to help your child be seen while out on the roads.

Be Sure Your Child’s Costume Will Not Trip Them Or Impair Their Vision

Many children’s costumes are sold in one size. This makes it difficult to find a costume that will properly fit your child. Costumes that are too long can pose a tripping hazard and distract children from keeping their eyes on the road. Be sure your child’s costume fits before heading out into the streets.

Masks, wigs, hats, face paint, and other costume pieces can also impair a child’s vision. They can prevent the child from watching out for traffic and seeing hazards in the roadway. Trick-or-treaters can also wear non-toxic makeup or decorative hats as an alternative to masks. Be sure that your child can see clearly throughout the night.

If you’re considering wearing contact lenses for a costume, consult an eye care professional before using decorative contact lenses. Wearing these without a prescription is dangerous, even for a short period, and can lead to serious eye problems and permanent vision loss.

Other Halloween costume safety tips for parents and kids:

• Avoid sharp or long swords, canes, and sticks when choosing a costume accessory. These items can cause serious injury to your child if they stumble or trip on them.
• Make sure the costume label says “flame resistant,” especially on any accessories and wigs your kids use.
• Make sure that shoes fit perfectly and that costumes are sized correctly. This helps ensure the costumes won’t get caught in fire pits or that people won’t trip on them.
• The hat should be fitted properly to prevent it from sliding over the eyes and obstructing vision.

Teach Children How To Cross Streets Safely

AAA reminds parents and guardians that children should cross the road only at corners and crosswalks. They should be taught to look both ways before crossing. Never cross between parked vehicles or mid-block. Be prepared to yield the right-of-way to a vehicle. Even if you have the right-of-way as a pedestrian, the driver might not see you. It is always better to wait and avoid an accident.

Accompany Younger Children On Neighborhood Rounds

During the evenings, 6 PM through 9 PM are the riskiest times for children to be walking the streets. With the number of people out and about during Halloween, there is a huge chance of a motor vehicle accident happening.

Accompany your kids as they do their rounds, and if they want to walk with their friends, you can walk behind them. Be far enough not to embarrass them to their peers but close enough to keep them safe. If trick-or-treating doesn’t begin until after dark where you live, check with your town or park district about Halloween activities.

Consider Community Halloween Programs

Many groups offer Halloween events that are open to the community. These can include haunted houses, indoor activities, or “trunk or treat” events (in which children trick-or-treat at participating vehicles in a designated parking lot). By keeping traffic out of the area and ensuring adult supervision, these events can be safer for children than trick-or-treating on busy roadways. When children are younger or have special needs, community events are an excellent way to participate in Halloween fun without facing the risks of traditional trick-or-treating.

Plan Your Child’s Route Ahead Of Time

Parents should know their child’s route to ensure it is safe and they know where their child will be. Instruct children to travel only in familiar areas and along established routes. Travel the route ahead of time to look for blind corners, dangerous intersections, or other hazards along the way.

Make sure you plan and review the route if older children are trick-or-treating alone. Establish a specific time for them to return home. Pack a flashlight with batteries in their bags to ensure they have no issues navigating the neighborhood at night.

Be Sure A Fully Charged Phone Is Available

Children should always be able to call for help while trick-or-treating. If you are accompanying younger children, be sure your phone is charged and has a signal before heading out. If older children are trick-or-treating on their own, be sure they have more than one phone available in their group. Be sure your child knows how to use the phone to call either you or 911 in the event of an emergency.

Always Use The Sidewalk On Well-Lit Streets

Motorists may have difficulty seeing trick-or-treaters. Many drivers can’t immediately react to kids running across the streets. So, you need to exercise caution as well. Look for homes with porch lights and, ideally, well-lit pathways. In the absence of a sidewalk, walk on the far edge of the road facing traffic.

Watch Out For Fire Hazards

There are many open flames on Halloween night. Candles are used in decorations, such as luminaries and jack-o-lanterns. Some houses might have a fire pit for s’mores or to ward off the cool breeze. Children must be prepared to watch out for these hazards.

Teach children what to look for and what to do if they accidentally knock over a flame. Be sure that all costumes, wigs, and accessories are fire retardant. Consider using a flashlight or LED flameless candles in your pumpkin rather than traditional candles with open flames.

Cross The Street Together As A Group

The American Academy of Pediatrics reports that about 62% of child pedestrian traffic fatalities occurred mid-block rather than due to intersection accidents. You should teach your children not to cross the street between parked cars or out of driveways or alleys.

Children Should Be Warned About Distracted Walking

Kids should be taught that pedestrians need undivided attention on the road just as much as cars do. Tell them that texting, chatting with friends, browsing apps, or getting lost in their favorite music can make them less aware of their surroundings. Leading by example and establishing ground rules for device use while walking can go a long way toward ensuring the safety of children.

Keep Your Dog Indoors

This step is critical to add to your “how to prepare for Halloween” list. When repeated buzzing triggers their protective instinct, even the sweetest dogs may experience stress and become aggressive. Prevent dog bites and attacks by keeping them out of the way. Put them in a separate room or a comfortable crate. In addition to keeping the kids safe, you’ll also keep your dog safe.

Check Your Kid’s Candy

It’s also important for parents to supervise young children while they enjoy their treats and to sort through candy, removing any that might pose a choking risk for smaller children.

Why should parents check their kids’ candy? The vast majority of candy distributed during Halloween is safe. Still, it’s a good practice for parents to be involved and ensure their children’s safety and well-being. Over the years, there have been sporadic reports of tampered candy during Halloween. While these instances are rare, it’s always better to be safe than sorry. Checking can help ensure the candy hasn’t been tampered with. Toss any candy that is not fully wrapped and sealed.

Some children have food allergies, and not all candy clearly lists ingredients on the individual wrappers. Parents can identify and remove candies that might trigger an allergic reaction. Additionally, going through candy with your child provides an opportunity to discuss moderation, nutrition, and the importance of making good food choices. Some families may have specific dietary restrictions for health, religious, or personal reasons.

Not all candies are safe to eat. Some might be past their expiration date or have been stored improperly and are no longer good to eat. Parents can check for signs of spoilage or poor quality. As for homemade treats, the best thing to do is refuse them unless you know the person who made them.

Hard candies, gumballs, or small toys can pose a risk to toddlers and younger children. In fact, some candies have been recalled for this reason. Following a 7-year-old’s wrongful death from choking, the Consumer Product Safety Commission (CPSC) issued a recall for Cocco Candy Rolling Candy. The Slime Licker Sour Rolling Liquid Candy was also recalled due to a potential choking hazard. Families are advised to keep these candies out of reach of young ones and to get a refund from the manufacturer.

To prevent choking on small candies, always ensure children are seated while eating and not running or playing. Encourage them to take small bites, chew thoroughly, and avoid talking or laughing with food in their mouth. Keeping a watchful eye and promoting mindful eating can ensure a fun and safe Halloween for everyone.

How To Avoid Hidden Hazards During Halloween

For many children, Halloween is the event of the year. They get to dress up as whatever and whoever they want to be. And best of all, they get all kinds of candy. Trick-or-treating has become a popular tradition for many communities during Halloween. As with all other long-awaited occasions, Halloween celebrations were also put on hiatus during the COVID-19 pandemic in 2020.

While the COVID-19 pandemic officially ended in May 2023, parents are still on the fence about the safety of their kids. With the COVID-19 pandemic affecting everyone’s lives over the past few years, parents are still concerned about whether or not their children should join in on Halloween festivities. Yes, it’s no longer a public health emergency. However, contracting COVID-19 and other diseases poses a huge risk to those more susceptible, including young children.

Those who have been vaccinated against COVID-19 may have a reduced risk of contracting it this Halloween. When it comes to trick-or-treating and other Halloween traditions, safety should always come first, especially if your children aren’t old enough to be vaccinated.

If you ever decide to let your children trick or treating this year, here are some helpful tips to keep your children safe from illness:

Be Aware Of Local Rules For Halloween

While many of the strict regulations surrounding trick-or-treating during the pandemic have been lifted, it’s still a good idea to check for any local guidelines or updates. Some communities may have different rules for safety, including specific hours, neighborhood events, or traffic restrictions. If there are any updated guidelines or recommendations, you should contact your local city hall or community board.

Wear A Face Mask

Face masks are no longer mandated, but the CDC encourages personal choice and risk assessment to prevent the spread of common illnesses like the flu, colds, and other respiratory infections. This is particularly true since seasonal flu usually appears in the fall and winter months.

Masks are particularly recommended in high-risk settings, such as crowded indoor events, or for individuals who are more vulnerable, including those with weakened immune systems. If you or your children are attending indoor Halloween activities or gatherings where germs can easily spread, wearing a mask may still be a smart way to reduce the risk of contracting or spreading seasonal illnesses.

Think Twice Before Sharing

Though teaching our children to share with friends is important, certain items, especially on Halloween, are better kept personal. Sharing costume accessories like masks, hats, or wigs can unintentionally lead to the spread of head lice, germs, and bed bugs. These pests and germs can easily cling to fabric and transfer between kids. Additionally, discourage your kids from sharing their drinks and half-eaten snacks or candy while trick-or-treating, as this practice increases the risk of spreading common illnesses such as colds or the flu.

Encourage Your Kids To Keep Their Hands Clean

During the holiday season, it’s important to remind your kids to keep their hands clean, especially while trick-or-treating. Encourage them to avoid touching their face and use hand sanitizer frequently, particularly after handling candy or interacting with others. If possible, have homeowners drop candy directly into their bags to minimize contact. You can also incorporate hand sanitizer into their costume — perhaps in a fun, themed container attached to their candy bucket — making it easier for them to clean their hands regularly.

Sanitize Your Children’s Candies

While concerns over COVID-19 have lessened, it’s still a good idea to practice caution during the holiday season to prevent the spread of common viruses like colds or the flu. When you get home with your child’s stash of sweets, wipe down candy wrappers with a disinfectant wipe or spray them down with 70% alcohol and leave them out to dry, especially if multiple people handled them. Candies with open or damaged wrappers should be discarded to minimize the risk of contamination.

There is nothing wrong with letting kids trick-or-treat on their own if you believe that it can help them develop their independence. However, you should ensure that your child can follow safety practices. If you aren’t confident enough to let your child go trick-treating alone because of the current situation, join them! There is absolutely nothing wrong with dressing up and participating in the Halloween festivities!

Halloween Safety Tips For Pedestrians

To help guarantee your safety during Halloween nights as a pedestrian, you need to take additional safety measures aside from wearing visible and appropriate costumes. Children should likewise learn safety guidelines from their parents or guardians.

Here are some tips to avoid pedestrian accidents:

• Use Marked Or Designated Crosswalks — Obey traffic rules and signals, especially at crosswalks and intersections where drivers usually anticipate you. When crossing the road, only use designated crosswalks that are well-marked and well-lit.
• Use Sidewalks If Available — Walking on the sidewalk is generally safer than strolling on the road because you will be more visible to vehicles. Walk as far to the left as you can when facing traffic if there are no sidewalks available.
• Avoid Walking While Drunk — Just like motorists, pedestrians should also avoid alcohol and other substances that could affect their reaction time and judgment when walking along the road. Jaywalking, misjudging the speed and distance of approaching cars, and other risky actions resulting from intoxication can lead to accidents.
• Check Both Directions When Crossing — Before crossing the road, look to your left, to your right, and then to your left again, even if you have the right of way. Always check both directions and make sure you see approaching cars. Doing so also provides a good example for younger pedestrians.
• Don’t Cross Between Parked Vehicles — Drivers may fail to notice you if you suddenly emerge from between parked cars. Moreover, it’s crucial to teach children about the risks associated with crossing between parked vehicles.

Halloween Safety Tips For Party Hosts

If you’re planning to host a Halloween party, you must take the necessary steps to ensure your visitors’ safety as soon as they arrive and after they leave your event. Follow the steps below and make yourself a responsible host.

• Under no circumstances should alcohol be served to minors.
• Provide options for non-alcoholic beverages.
• Gather car keys from guests who plan to drink or are already intoxicated.
• A responsible host would go beyond ensuring drunk guests don’t drive. They also arrange for ridesharing, taxi services, and lodging for them.
• If you’re sober, you can drive guests to their homes yourself.

Stats And Facts About Halloween Driving Accidents

Every year, there is a notable spike in driving-related incidents during Halloween. Here are some eye-opening facts about Halloween accidents that pedestrians and drivers need to know:

• According to the NHTSA, children are three times more at risk of being struck by a car on Halloween night than on any other day.
• A 2019 study by JAMA Pediatrics reveals that child pedestrians between the ages of four and eight have the highest risk of dying in a car accident on Halloween than on any other day.
• In comparison to other days, Halloween led to an average of four additional deaths.

Most pedestrian fatalities among children happen within residential neighborhoods. A Long Beach couple and their 3-year-old toddler were killed by a drunk driver while trick-or-treating on Halloween 2019.

The 2019 study enumerated the factors that contributed to the risk of pedestrian accidents during Halloween:

• Most Halloween events start at sunset.
• Some adults and children are donning masks as part of their costumes, limiting their vision.
• Driver visibility may be limited by Halloween costumes that are not reflective or have darker colors.
• Pedestrians frequently overlook the safety of crossing the streets due to excitement.
• Adults are likely intoxicated.

Broad public awareness and stronger parental supervision of children are among the mitigating factors. Despite that, Halloween reveals public safety gaps in the existing infrastructure. This includes a lack of proper sidewalks, unsafe street crossings, poor traffic control, and insufficient implementation of public policies.

Common Accidents And Personal Injury Claims During Halloween

When you hear the word “Halloween,” the first thing that comes to mind is an image of trick-or-treating kids venturing out for candy. It’s supposed to be a fun time where parents and their kids can bond with the entire community. In reality, the dangers of Halloween lurk around every corner, especially when there are more people dressed in costumes walking in the dark and crossing the streets.

Here are the most common accidents during Halloween:

Pedestrian Accidents

Traffic accidents involving pedestrians are especially common during Halloween. They are 50% more likely to die on this night than any other night of the year. A lot of people are out on the streets after drinking, with some operating even while intoxicated. What is supposed to be a fun holiday can easily turn deadly.

As parents or guardians, ensure your kids are at a safe distance from the road. Always accompany them when crossing the street and avoid wearing a dark costume at night as much as possible. You should also examine your surroundings, avoid the edge of sidewalks, and cross only at marked crossings after checking both ways for oncoming vehicles.

Trick-or-treating poses the greatest risk for pedestrian accidents on Halloween. Some factors that contribute to accidents are the following:

• Low visibility at night in crowded places full of decorations and costumed people can easily distract drivers.
• Hazardous conditions for pedestrians are created under these circumstances.
• Drunk or speeding drivers in residential neighborhoods can cause catastrophic injuries to trick-or-treaters.

Did a drunk or speeding driver leave you or your child injured while trick-or-treating? You should know that California law allows you to obtain financial compensation from the responsible party. All your damages, from medical expenses and lost wages to pain and suffering, can be compensated. An injury lawyer can help you establish the driver’s negligence and prove their liability.

Slip-And-Fall Accidents

When you’re at a Halloween party, whether at home or out, you are usually in packed spaces with dim lighting and extravagant decorations. These conditions can create slipping or tripping hazards, which could leave you with an ankle injury or worse. In fact, Halloween nights tend to see more slip-and-fall accidents than usual due to billowy costumes, masks, decorations, and poor visibility.

To ensure safety, make sure you or your kids can walk comfortably in your costume. Costumes should not get in the way of walking, allowing kids to navigate pathways and obstructions easily. On the other hand, homeowners must make their property safe for guests or risk liability when accidents happen.

For example, you slip or trip and get injured after the party host fails to clean up spills or ensure that decorations are safe. You may have a premises liability case against the host or property owner. An injury lawyer specializing in premises liability cases can help you pursue a personal injury claim to recover damages.

Defective Costumes And Decorations

Defective electrical Halloween decorations, poorly made costumes, and other malfunctioning products can cause injuries. A faulty wiring from a light display might lead to a child sustaining burn injuries, while an improperly inflated decoration might cause someone to trip and fall.

Some costumes are also made of flammable materials. Choosing flame-resistant costumes and accessories, from wigs and beards to fabrics, is always advisable.

In the unfortunate event that a costume catches fire due to a factory defect, California’s laws protect victims of accidents caused by defective products. Manufacturers, distributors, and retailers can be held liable if their products are unsafe due to design, manufacturing, or labeling defects. An injury lawyer can help you file a product liability claim.

Pumpkin Carving Accidents

During the Halloween season, pumpkin carving is a popular activity enjoyed by many individuals and families. However, you should be aware of the potential risks associated with this seemingly harmless activity. The sharp tools used to carve pumpkins, if not utilized with care, can cause serious accidents that land you or your loved one in the emergency room. Choose the right equipment specifically designed for pumpkin carving and use it with caution.

Accidents In Events And Attractions

A haunted house actor at the Cuyahoga County Fairgrounds in Ohio got a little too much into character and accidentally stabbed an 11-year-old boy in the foot with a real knife. People visit haunted houses and other Halloween-themed attractions to scare themselves and have a good time. Sometimes, things get a little out of control, causing an accident like the one in Ohio. Other forms of negligence that can result in accidents include poor lighting conditions, poorly designed scares, and failure to monitor and manage crowds.

Inadequate Security

Since Halloween activities commonly take place at night, additional safety measures are required to ensure the safety of large groups of people. Negligent security refers to the failure of a property owner or occupier to provide adequate security measures to ensure the safety of visitors. This can include inadequate lighting, broken locks, unsecured doors, or the absence of security personnel. When a crime happens on Halloween due to negligent security, injured victims can seek compensation for their injuries through a personal injury case.

Common Injuries Sustained During Halloween

In the United States, the Consumer Product Safety Commission (CPSC) says about 3,200 people visit emergency rooms yearly due to Halloween-related injuries. Injured individuals were predominantly adults; 46% were under the age of 18, and 10% were children under the age of six.

The following are some of the most common injuries:

• Slip-and-fall injuries when working with decorations or walking while trick-or-treating.
• Cuts and other injuries involved during pumpkin carving.
• Ingestion-related injuries.
• Allergic reactions and rashes from wearing costumes.
• Lacerations from sharp decorations.
• Burns from flammable decor and costumes.
• Bruises and mild fractures from accidental falling or hitting on things.
• Choking from small or hard candy.

As discussed above, with Halloween parties and gatherings, there’s a potential uptick in impaired or distracted drivers on the road, leading to more severe injuries or even fatalities. Both motorists and pedestrians must exercise extra caution to ensure everyone’s safety on this spooky night.

Who Is Responsible If You Were Injured Due To Someone’s Negligence During Halloween?

California courts look at who has the “right to control” the property to determine who’s at fault for the unsafe condition that led to the accident and injuries. A property owner who gave out candy to children during a trick-or-treat event and failed to take reasonable care to shield the kids from preventable accidents can be liable.

• Event Host — The host may be held responsible if they serve alcohol to a guest under 21 who later causes an accident or to an obviously drunk person. Therefore, the person hosting the party should keep an eye on their adult guests’ alcohol intake and make sure they get home safely.
• Property Owners — Property owners and managers are required by law to take reasonable care to prevent harm to guests by keeping their property safe from hazardous situations. If you are injured in an apartment accident while partying on Halloween night, you can hold the tenant or the landlord liable for your injuries.
• Businesses — Under California’s Dram Shop Laws, bars, restaurants, and other establishments may be held accountable if they offer alcohol to a clearly drunk, underaged person who subsequently causes injury.
• Individual Obligation — People are also accountable for their actions, not only party hosts and establishments. For example, drivers who cause harm while impaired with alcohol or drugs may be held liable for the resulting injuries and damages.

Halloween should be scary but for the right reasons, not because of the possible accidents that can happen. In case an accident occurs, resulting in your or your child’s injuries, learn more about your legal rights and options for compensation by calling knowledgeable injury lawyers.

How To Prove Negligence In A Halloween Safety Accident

A skilled injury attorney can help you prove negligence by establishing the following:

• The defendant had a duty to exercise reasonable care.
• This duty of care was breached.
• The breach was the direct cause of the accident.
• You sustained actual damages from the accident.

The Most Important Things To Do If You Get Hurt On Halloween

Things happen. If your child, unfortunately, gets injured in an accident, there are certain things you should do instantly.

• Seek medical attention right away, even if you think everything is okay. A doctor can evaluate the severity of your injuries and provide official records that could help your legal case.
• Collect evidence as much as you can. Take pictures of the accident scene, your injuries, and any relevant details, such as wet floors, broken decorations, and skid marks. If there are witnesses, get their contact details in case your claim depends on their testimony.
• Report the accident to the manager, owner, or event host. For instance, notify the host of the Halloween party if you were injured after slipping and falling.
• If your child is injured in an auto accident, get as many contact details as possible from the driver of the car, like their license plate number, insurance company & policy number, plus their phone number, address, etc.
• Politely ask witnesses, if any, for their contact information. Their testimonies can help strengthen your claim.
• Speak with a personal injury lawyer and let them establish negligence, negotiate with insurance companies, and recover damages for your pain and suffering, missed income, and medical expenses. Call Arash Law, available 24 hours a day, at (888) 488-1391.

If you get hurt in an accident, a lot of issues may come up when you’re dealing with claims adjusters and defending lawyers from big insurance providers. Getting insurance companies to pay what you feel is a fair amount for your injuries, future medical care, or property damage isn’t easy. Their job is to pay you as little as possible or even to refuse your claim altogether.

California’s Best Cities For Trick Or Treating On Halloween

This Halloween may be the first time your kids go trick-or-treating. It may also be the first time you let your teen go unsupervised with their friends. As a parent or guardian, you want them to enjoy Halloween in the safest way possible. One concern is probably at the front of your mind: How safe is my community?

The Chamber of Commerce released a list detailing the top 25 safest cities in the United States for trick-or-treating. In making this list, five key metrics were used: pedestrian fatalities, violent crime, property crime, the number of registered sex offenders, and the number of law enforcement employees. Notably, five cities in California are included in the list:

• Irvine (No. 10) is the only California city in the top 10;
• Glendale (No. 12) is included in the top 15;
• Carlsbad (No. 18) is in the top 20;
• Murrieta (No. 21) and Sunnyvale (No. 22) round out the safest locations in the Golden State.

Frequently Asked Questions

Why Is Trick-Or-Treating Dangerous?

Trick-or-treating, a cherished Halloween tradition, carries underlying dangers that extend beyond the age-old fears of candy tampering. While urban legends surrounding tainted candy from strangers have stirred anxieties for decades, thorough investigations indicate that such threats are largely exaggerated and unfounded. However, the true perils of Halloween lie elsewhere.

Children are notably more vulnerable to vehicular accidents on this night, with studies highlighting that they face a higher risk of being struck by cars on Halloween than on any other day. Additionally, costumes, while festive, can pose a safety risk. Beyond these, the sheer excitement and unfamiliarity of the evening can compromise a child’s usual caution, emphasizing the need for parental guidance and vigilance during the celebrations.

When Did Trick-Or-Treating Become Dangerous?

In the U.S., trick-or-treating has garnered widespread media attention due to urban myths and rare incidents. Tainted candy reports began to appear in the 1960s and 1970s. In 1964, 47-year-old Helen Pfeil reportedly handed out dog biscuits and ant poison to teenagers she considered too old for trick-or-treating. Although these items were already marked as harmful, the incident fueled fears of candy tampering.

Another significant case that fueled the Halloween candy paranoia was the 1974 incident where a father, Ronald Clark O’Bryan, poisoned his son with cyanide-laced Pixy Stix in an attempt to claim life insurance money. He tried to cover up his crime by suggesting that the candy was obtained from trick-or-treating.

These isolated incidents, combined with other hoaxes, led to widespread fear. Exaggerated stories in the media exacerbated parental anxiety. It had become widely accepted that trick-or-treating was dangerous by the 1980s. Hospitals began offering free X-ray screenings of Halloween candy, and parents were urged to check their children’s treats carefully.

Although candy tampering is statistically rare, it is often overhyped. The dangers of trick-or-treating come with some genuine risks, such as traffic accidents and other Halloween injuries, which remain a consistent concern.

Is It Safe To Go Trick-Or-Treating?

Trick-or-treating is much like letting your kids ride their bikes around the block — generally safe — but you still put on helmets and knee pads just in case. You need to know how to stay safe on Halloween to ensure a good time. With a sprinkle of safe trick-or-treating practices on Halloween’s magic, kids can safely enjoy their quest for treats.

How Can I Be Careful For Halloween?

Take no chances by adhering to our Halloween safety tips for parents. While most neighborhoods warmly embrace this festive tradition, parents should:

• Inspect candies for anything suspicious. When in doubt, throw it out.
• Ensure costumes don’t trip kids or obscure vision.
• They should remind kids not to go inside strangers’ homes.
• If possible, trick-or-treat before dark.
• Select vibrant costumes, use reflective tape, and have their kids bring a flashlight.
• Have their kids trick or treat in groups and accompany those under the age of twelve.
• Teach their kids to remain on the sidewalks, check both directions before crossing the road, and avoid going between moving cars.

How Many Injuries Happen On Halloween?

The number of injuries that occur on Halloween yearly can vary, and specific numbers might change from year to year based on various factors like weather conditions, participation rates, and public awareness campaigns. However, according to the CPSC, Halloween-related injuries result in about 3,200 emergency room visits in the United States on average annually.

What Is The Most Common Injury On Halloween?

In 2022, the CPSC reported that 55% of Halloween injuries are related to pumpkin carving. Meanwhile, 25% are from falls while working on decorations and tripping on costumes while trick-or-treating, and 20% of injuries involve rashes and allergic reactions to costumes and other minor injuries.

What Are The Injuries From Carving Pumpkins?

Pumpkin carving may cause severe lacerations to the hand and fractures to bones and tendons if precautions are not taken. Hand injuries accounted for 87.6% of all injuries, with the thumb (33.5%) and index finger (25.0%) being the most frequently injured.

The National Children’s Hospital in Columbus researched holiday-related pediatric injuries. As reported in the study, Halloween was one of the three holidays that produced the most ER visits, with the majority of injuries being to the fingers and hands. Lacerations comprised 33.3% of those injuries, while fractures made up 20.1%. Of those injured, 30.3% were children aged 10-14.

What Are The Safety Rules For Kids On Halloween Night?

Halloween is an exciting time for parents and kids alike. However, safety comes with preparation. From planning your route to inspecting the night’s candy haul, here are some important Halloween safety tips for kids to ensure fun and safety for your little ghouls and goblins:

• Plan Your Route — Make a plan for trick-or-treating ahead of time. Prioritize well-lit houses in known neighborhoods. Stick to sidewalks and paths, cross streets at crosswalks, and always look both ways.
• Make Yourself Seen — Trick-or-treat during daylight or early evening. Carry flashlights and use glowing accessories like necklaces or bracelets. Add reflective strips to costumes for car headlight reflection. Masks can hinder vision; face paint is a safer, clear-vision alternative.
• Communicate — Always have your phone ready for any calls or messages. Explain to your kids the importance of immediately notifying you of anything that might make them feel unsafe.
• Inspect Your Loot — Check candy for choking hazards and allergens. Discard candies with broken seals or from unfamiliar sources, especially homemade treats.

Remember, Halloween is about fun! Keeping safety in mind ensures a memorable night. And once the kids are asleep, parents can enjoy a treat for themselves!

What Are Some Safety Tips For Adults On Halloween Night?

Halloween offers adults a unique opportunity to dress up, but prioritize safety by ensuring visibility and comfort in your costume. Here are some more pointers for a safe All Hallow’s Eve:

• For party safety, use flame-resistant decorations and be cautious with candles. Know your alcohol limits, stay hydrated, and plan for a safe ride home.
• Safety in numbers. Walk in groups or inform someone of your whereabouts.
• Drive slowly in residential areas, stay alert for children, and avoid distractions while driving. Stay informed about local events and road closures.
• Keep pets indoors to avoid Halloween stress. Make your home safe for visitors by keeping it well-lit and free of tripping hazards. Use battery-operated candles for jack-o’-lanterns.
• Provide allergen-friendly treats and store-bought ones, which are preferred for safety.

By following these guidelines, adults can ensure Halloween remains festive and safe for everyone involved.

When Do You Need An Injury Attorney After A Halloween Accident?

Many people look forward to Halloween, fueled by spooky excitement and macabre surprises. Sometimes, however, accidents happen in the middle of the celebration, which can result in injuries. Knowing when to seek legal assistance is critical if you find yourself in such a situation.

It’s tragic to have your Halloween celebration take an unexpected turn for the worse, and you end up getting hurt. If the following scenarios happen, think about speaking with a personal injury attorney:

• You Sustained Severe Injuries — Legal counsel should be sought immediately if the injury is severe, requires immediate medical attention, and possibly has long-term consequences. You can get assistance navigating the intricacies of personal injury claims or lawsuits from an experienced injury lawyer.
• Liability Is Disputed — It can be difficult for the average Joe to assign blame in an accident that occurs on Halloween. Whether it’s a collision during trick-or-treating or a slip and fall at a haunted house, an injury attorney can investigate the situation and advise you on the best course of action if there are any issues about liability.
• Insurance Complications — After a Halloween safety accident, dealing and negotiating with insurance companies can be challenging. To guarantee you are fairly compensated for your medical expenses, lost income, and other damages, an injury lawyer can negotiate with insurers on your behalf.

Is There A Time Limit For Filing An Injury Claim After A Halloween Accident?

If you’re injured on Halloween night due to someone else’s negligence, you must begin legal action as soon as you can and start the process of recovering compensation. This is due to the statute of limitations, a deadline that injured parties must adhere to in order to avoid losing the chance to obtain compensation. Generally, the statute of limitations for personal injury claims is two years in the state of California.

Happy Halloween from Everyone at Arash Law!

Road safety is important all year, especially on Halloween, as conditions can be far more dangerous on this spooky night. Drivers and pedestrians must all be prepared to follow Halloween safety tips to reduce the risk of accidents. If you or a loved one is injured in a car crash, call Arash Law’s reputable car accident lawyers (888) 488-1391 or contact us online.

Our experienced personal injury lawyers fight hard to protect accident victims. We have helped many victims obtain fair compensation for their injuries and can help you, too. We wish you and your family a fun and safe Halloween!