Halloween spirit is creeping in all around Kansas City. Skeletons adorn front lawns and zombies haunt storefront windows as people prepare for the spookiest night of the year.
Yet, the scariest part of Halloween might not be these mythical monsters, but instead, the very real accidents that occur during the holiday.
The American Medical Association in a 2019 study looked through 42 years of Halloween nights and found the risk of pedestrian fatalities increased by 43% that day. That same study found children ages 4 to 8 were 10 times more likely to be struck by a car on Halloween night.
These numbers weren’t a surprise to Tarak Devkota, a personal injury attorney based in Kansas City. He told KCUR’s Up to Date that his biggest concern is children running across streets after dark.
“ They see a house that looks really appetizing: big candy bars, no toothbrushes. This guy's giving full-size Snickers, right? They're going zig-zagging across the street, darting out in between parked cars without looking either way,” Devkota said.
Devkota explains how children running in the road becomes especially dangerous when you consider the increased frequency of drunk-driving accidents on Halloween night. He said making sure children are properly illuminated should be a high priority for guardians.
“ They're wearing dark Batman costumes or other costumes,” he said. “I strongly recommend that parents give each of the children a flashlight, or at a minimum, little glow sticks.”
Devkota also recommends planning a trick-or-treating route beforehand to limit the amount of time kids spend on the road. He said groups should stick to one side of the street and “exhaust all the houses” before crossing at a designated crosswalk.
There are risks on the other side of trick-or-treating as well. Homeowners should be aware of any potential hazards on their front stoop. If someone were to hurt themselves on your property due to an obstacle or overlooked danger, Devkota says that could generate a “ premises liability case.”
“Let's say you have a fence post you took out, and you said, ‘I'll get to it after Halloween.’ Small kid steps in that hole, breaks his leg, breaks an ankle. That's negligence on the homeowner,” Devkota said.
He explained that even if the home’s lights were out and there was no indication of candy handouts, the owner could still be held liable. Devkota recommends going over the front of your house before Halloween to check for things like loose bricks or boards, exposed nails, large cracks or broken handrails.
However, Devkota said these kinds of lawsuits between neighbors are rare. Usually when an accident occurs on someone’s property, the two parties settle outside of court and allow the homeowner’s insurance provider to process the claim.
Devkota made sure to emphasize that most accidents can be prevented just by paying attention and keeping an eye on everyone in the group.
“I would tell all your teenagers and young adults, slow down. Obviously, don't drink and drive. Keep your kids illuminated. Keep them on the sidewalk. And for God's sake, keep your kids close to you,” he said.
- Tarak Devkota, personal injury attorney, Devkota Law Firm
