What used to be an innocent holiday when kids of all ages would wear home-made costumes and trick-or-treat well past sundown, Halloween has become a time when pranksters and those with bad intentions create situations that result in injury and lawsuits. Add to that, accidents just happen, even to the best of us.
We will use this space to share some tips to help property owners avoid winding up in a costly lawsuit; but first, here are a few Halloween-related lawsuits that we couldn’t resist sharing:
A CBS affiliate in Boston reported a story in 2011 about a Halloween prank that proved to be costly for a high school. A teacher asked a student to answer a knock on the door. When the student opened the door, he was greeted by a man wearing a mask and holding a running chainsaw. The student reacted by jumping back in terror, tripping and falling fracturing his kneecap. His parents reacted by filing a personal injury lawsuit against the high school.
When neighbors in Chicagoland protested a couple’s 38-foot motorhome, the Purtells ret aliated by erecting tombstones in their front yard. Each prop included a neighbor’s name and their address as the date of death. For example:
Bette wasn’t ready,
But here she lies
Ever since that night she died,
12 feet deep in this trench,
Still wasn’t deep enough
For that wenches stench!
1690
Tensions turned into a physical scuffle, and police officer Bruce Mason threatened to arrest Purtell for disorderly conduct if he did not remove the display. Purtell sued Mason for violating his First Amendment rights. The United States Court of Appeals for the Seventh Circuit ruled that the tombstones are protected speech, but also concluded that it was “unfortunate that this petty neighborhood dispute found its way into federal court.”
A young woman, Megan Duskey, went to the “Haunted Hotel Ball” hosted by Palmer House Hilton in Chicago in 2010. Instead of a fun night with friends, Megan fell four floors to her death after attempting to slide down a railing and suffering head trauma.
Her parents filed a lawsuit alleging negligence on the part of Palmer House Hilton as well as the event companies hosting the party. The suit claims that the hosts and hotel allowed guests to consume unlimited amounts of alcohol and failed to provide adequate security. The parents sued for $500,000 in compensation for their daughter’s death.
As you can see, a good time can turn into a tragedy in an instant. If you own property and are hosting a party or trick-or-treaters, you need to make sure your home and property are safe for guests.
Vandals are pranksters who like to destroy things. And, they love Halloween. To prevent vandals from wreaking havoc on your property — think smashed pumpkins on your porch or eggs on windows — consider keeping your home well lit and using motion sensor lighting after you go to bed.
Once you’ve taken proactive steps to make your house safe for guests, sit back and enjoy the parade of ghosts and goblins, knowing you’ve helped ensure a safe and fun Halloween for all!!
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