Every Halloween, a new set of fun décor and costumes seems to be trendy and must-have. Yet, sometimes they are unsafe. Consumers often buy products at a short-term Halloween shop or online marketplace only to find they are defective. If that defect leads to injuries, such as burns, you may be able to file a claim against the manufacturer.
These can be challenging cases because they are hard to prove. With a product liability attorney, you'll have a clearer understanding of your rights and how to seek fair compensation. Set up a free case review with our Philadelphia personal injury attorney at Kwartler Manus to learn more about your options.
Types of Halloween Product Accidents
Halloween is a big holiday for décor. Though consumers purchase things like candy and trinkets, they are often spending significantly on yard decorations, over-the-top costumes, and exciting indoor displays. The National Retail Federation expects consumers to spend $13.5 billion on Halloween this year nationwide. Of that, about $4.3 billion will be in decorations alone.
But what happens when those items fail to work as expected? For example, a spark could occur in a child's costume due to a faulty electrical connection. In those situations, the product manufacturer could be responsible for the injuries resulting from the incident. Here are some examples of how this might apply this Halloween:
- Electrical decorations catch fire. The fire causes burns to someone nearby when it happens.
- A fire breaks out in a home because the outdoor decorations overloaded the electrical system. The homeowner had no warning that the display's energy draw could tax the system.
- Smoking or fog machines catch on fire. The fire can rapidly spread to the homes on a block, leading to serious injuries and financial devastation.
- A product purchased for indoor décor starts a fire when the plastic melts onto a nearby carpet.
- A costume has flammable fabric throughout. A child wearing it walks by an open flame on a jack-o'-lantern; it catches fire and causes life-changing burns.
When products fail, the company that made or distributed it may be held accountable. To do so, the consumer must show the manufacturer or distributor knew of the risk or should have known of the risk and yet failed to communicate or warn of that risk.
You also have to show you followed the directions for use. If the product manufacturer fails to provide proper instructions or warn about risks, the manufacturer could be responsible for injuries sustained.
The Risks of Open Flames on Halloween
Halloween burns can happen for other reasons, too. For example, a family may have a fire pit out front as they greet trick-or-treaters. A young child may touch a hot surface and suffer burns. Or a child's Halloween costume could catch fire from a spark. These can lead to devastating injuries.
In cases like this, victims must seek immediate medical care. If the property owner was negligent in ensuring the safety of anyone who came close to the fire, they could be responsible for the injuries and losses. These are premises liability claims, and you may be able to sue the homeowner for creating those unsafe conditions.
In cases like this, speak with our attorney right away. Get proper medical care, then contact our legal team for guidance and support. The priority is to make sure you are safe and in good care before anything else.
What to Do After a Burn Injury on Halloween
No matter why the burn occurred, take steps to protect yourself, your family, and your future. In the moment, get to safety, call for medical and law enforcement support, and then get medical care. Go to the emergency room even if you have not suffered a significant burn but breathed in significant smoke.
After the immediate danger passes, take these steps:
- Gather evidence. If a product caught fire, keep it safe and in a sealed bag.
- If called, the local fire department will investigate. They often offer guidance on determining the cause of the fire.
- Document witnesses and others at the scene who saw what occurred. They may be able to help make it clear who is at fault.
- Document all of your injuries and medical care-related expenses. If you are unable to go to work, write down the time you lost there. Keep a journal of how you feel and any out-of-pocket costs you have.
- Follow up with all medical care recommendations. A specialist may be necessary, or follow-up treatment could help you improve further. Document those costs as well.
Then, contact a product liability attorney in Pennsylvania. Our team goes to work for you immediately to address what happened and who is at fault. Do not settle for a simple insurance claim when you have sustained serious loss.
Call a Product Liability Lawyer Today
Contact Kwartler Manus today for a free case review. Let us take a closer look at your rights to pursue additional compensation for the losses you have due to the negligence of others. We are here to help and want to provide the best options for you in this situation.
Sources
- National Retail Federation: Halloween Data and Trends | NRF
https://nrf.com/research-insights/holiday-data-and-trends/halloween
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