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What Could Happen If a Trick-or-Treater Falls On Your Sidewalk

Bright colored capes, scary rubber masks and an eclectic mix of candy can only mean one thing: Halloween. Before you know it, you’ll be having little vampires, pumpkins, and skeletons appearing at your front door for candy — but is your property ready to greet these new visitors? If a trick-or-treater walks up to your front door and falls on your property, who is held responsible?

Are Your Liable?

When someone falls on your property, invited or uninvited guest, are you liable if they sustain any injuries? Believe it or not, there are two outcomes for this situation. Before the fall becomes a legal matter, the situation must be reviewed first. It is merely impossible for the individual who fell to seek legal action immediately since the fall is not technically the property owner’s fault. However, if the individual who fell sustained injuries and the property owner knew about what caused the fall, then the property owner can be held liable.

How Can You Be Liable?

As mentioned before, there are two possible outcomes when someone falls on your property and sustains an injury. The second, liable possibility is when the homeowner is aware of a fall-inducing factor on their property, but neglects to take responsibility to correct the matter ahead of time. For example: if there is a raised or uneven part of the the sidewalk/walkway on your property, and you neglect to have the issue resolved, then you can be held liable by the victim due to your negligence and prior knowledge of the safety hazard.

Does the Victim Have to Prove Negligence?

If someone falls on your property, sustains an injury, and suspects you were negligent, then the victim will have to prove your negligence. In this case, the victim’s attorney will have to prove that you either knew about the unsafe condition beforehand — or that it would have been easy for you to use your discretion before an incident occurred. Regardless of the outcome, your negligence always has to be proven in the court of law.

If you ever fall on someone’s property and sustain injuries due to negligence, then it’s important to take legal action right away. To protect your rights and to help you secure the kind of compensation that your injuries require, turn to the experienced personal injury lawyers of Levine and Wiss.

Contact us today at 1-888-GOT-HURT to schedule a FREE consultation. Our representation is offered on a contingent fee basis. We only collect attorneys fees if we secure compensation for you.