Scariest Time of the Year
October is the scariest month of the year as the cold winds of winter begin to knock on our door and the clouds huddle to keep the sun out. It’s also a time when people are more likely to let their imagination run wild in an attempt to get into the Halloween spirit. Sometimes that holiday spirit can get out of hand and people find themselves in Halloween predicaments needing legal help. Surprisingly, there has been numerous Halloween personal injury lawsuits in recent years. All cases deal with some kind of personal injury where an experienced personal injury lawyer in San Antonio may provide you a peace of mind.
Halloween Personal Injury Lawsuits
Smith v. Taunton High School (2010)
CBS Boston reported a story in 2011 about a Halloween prank that proved to be costly for a high school. A teacher asked a 15 year old 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 down fracturing his kneecap.
The student’s parents filed personal injury lawsuit against the high school for over $100,000 in damages.
Perper v. Forum Novelties (2010)
Plaintiff filed a personal injury lawsuit against a novelty company for defective clown shoes they wore in 2008. Plaintiff claimed that the over-sized shoes caused them to trip and fall and that they were dangerous. The case was featured in the New York Post in 2010. The Plaintiff’s attorney stated that the individual sustained injuries on the legs when they fell down.
Grant v. Grant (2012)
A case of mistaken identity that lead to a questionable cause of injury. During a family bonfire to celebrating Halloween, a mother spotted what she thought was a skunk. She asked her son, to quickly go and fetch her shotgun. The mother shined a flashlight while her son shot at the supposed skunk. It was only after the shot that they discovered the creature was not a skunk but it was their 8 year old cousin who was wearing a black and white costume! She survived her wounds and the police stated that alcohol did not appear to be a contributing factor.
Ferlito v. Johnson & Johnson (1984)
This case is a throwback to the last century. Husband and wife, filed a lawsuit against the a company after their homemade Halloween costume caught fire at a party in 1984. The couple went dressed as Mary and her little lamb where the husband played the lamb. His costume consisted of long underpants with cotton battling glued to his body. The costume covered his whole body except for his hands and face. During the party, the husband attempted to lite a cigarette using a butane lighter. The flame danced near his left arm and caught fire. They sued for damages and burn injuries that covered approximately 1/3 of his body.
The family sued for negligence stating that the fortune five hundred company did not have a flammable warning sign on the product. However, the plaintiffs ended up losing the case because they testified that before making the costume they knew that cotton is flammable, which meant that having a warning label wouldn’t have prevented the accident. The court concluded that there was no way to warn against someone covering themselves in cotton and then attempt to light a cigarette.
Legal HELP
Halloween personal injury lawsuits are a reminder that accidents happen and when you are faced with an injury you have the right to seek compensation through legal assistance from a personal injury attorney. Whether it is an accident at the workplace, or on the road, by a company or stranger you have the right to fight for what you deserve.
One is often told to be prepared for the unexpected, but how do you get ready for the endless possibilities life can throw at you? It is difficult to expect the unexpected and that’s why Davis Law Firm is here for you 24/7 when life decides to get complicated. Davis Law Firm offers free consultations with our legal representatives! Getting help is just a phone call away at (210) 444-4444.