Studies show that ‘Halloween is the deadliest night for pedestrians’

By Paul Russell, LegalMatters Staff • Children love to dress up for Halloween and be rewarded with candy as they trick-or-treat. But Oct. 31st also presents dangers that adults must be aware of, says Ontario personal injury lawyer Joshua Goldberg.

“As young people head out of the house in colourful costumes to knock on doors, they are taking risks that they may not even be aware of,” says Goldberg, principal of Joshua Goldberg Law. “We all have a responsibility to ensure this special evening goes off safely.”

Drivers need to be extra careful, he says, as excited children may not be paying as much attention as they should to the passing traffic.

“Halloween is the deadliest night for pedestrians,” says Goldberg, pointing to a University of British Columbia study. Working with American statistics, researchers compared data from 1975 to 2016.

Pedestrian deaths up 43 per cent on Oct. 31

“The relative risk of a pedestrian fatality was 43 per cent higher on Halloween,” the study states, adding the deadliest times were between 5 and 8 p.m.

“In another study, Safe Kids Worldwide (SKW) found that children are more than twice as likely to be hit by a car and killed on this night than on any other day of the year,” says Goldberg.

SKW provided these safety tips:

• Carry glow sticks or flashlights, use reflective tape or stickers on costumes and bags.
• Wear light colours to help children see and be seen by drivers.
• Parents should accompany trick-or-treaters under the age of 12.
• Remind children to cross the street at corners or crosswalks.
• The right-size costume will help prevent falls.
• Choose face paint over masks when possible.

Before trick-and-treaters arrive, Goldberg says homeowners have a duty to ensure their walkway is clear of obstacles that could be tripping hazards.

“Children may not notice such things as a sprinkler hose or flower pot,” he says. “In addition, their costumes may obstruct their vision, making them more vulnerable to injury.”

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Keeping sidewalks and doorways well-lit is also important, Goldberg says, since trick-or-treating starts around dusk and continues into the evening.

“While a dark house or dim lighting may fit the spooky mood of Halloween, it can be dangerous if people cannot see properly while on your property,” he says.

Jack-o’-lanterns pose a fire risk

Jack-o’-lanterns lit with real candles must be kept a safe distance from children, Goldberg says.

“Flowing costumes blowing in the wind could end up coming in contact with the flame from a candle,” he warns. “You could be held responsible if a child suffers burns in this fashion.”

If you have a dog, make sure it is not outside when neighbourhood children arrive, says Goldberg.

“Canines may be surprised to see costumed visitors coming into their yard. Even the best-behaved pets may feel the need to defend the property,” he says.

Goldberg adds that Ontario’s Dog Owners’ Liability Act makes owners responsible for any harm their pet causes.

Keep dogs in the house

“The nicest dog may get overwhelmed and you don’t want to risk any trick-or-treaters being bitten,” he says. “Keep your dog inside the home, perhaps even away from the front door.”

Goldberg advises trick-or-treaters to avoid houses where an unleashed dog is visible.

“And if you encounter a dog walking with its owner on the sidewalk, do not try to pet it,” he says. “It may be skittish and unsure that you can be trusted since your costume may make you seem like a threat.”

It is also important to remember that anyone hosting a Halloween party could be found liable if an inebriated guest is involved in a car accident, Goldberg says.

“At any house party where alcohol, cannabis or other intoxicants are being consumed, the hosts must ensure everyone can get home safely, either in a cab, ride share, on public transportation or with a designated driver,” he says.

“Most children and their families love Halloween, but everyone must keep safety at the top of their mind,” concludes Goldberg. “If you or your child is injured due to the actions of others, you should consult a personal injury lawyer to see if you may be entitled to compensation.”