Blogs from October, 2021

Halloween is always an exciting time of the year - particularly for the children and young adults who get to go trick-or-treating. But what happens if someone is injured on another person's property in the pursuit of candy? Knowing the answer could help you pursue the appropriate legal avenues if someone is injured on your property, or you're caring for a trick-or-treater who gets hurt.

At The Law Offices of Daniel J. Miller, we'll help you find the best path forward in your personal injury dispute. Contact us online or via phone at (757) 267-4949 to schedule a consultation or learn more.

Can a Homeowner Be Held Liable for Trick-or-Treat Injuries?

To put it simply: Yes.

The same standards required to file a personal injury claim successfully - namely, proving that the person responsible for the injury or the owner of the property where the injury occurred caused the injury through negligence - still apply. However, homeowners can indeed be held liable for trick-or-treating injuries.

If a plaintiff can prove that a home or property owner acted negligently and, in doing so, harmed trick-or-treaters, the home or property owner could face a number of penalties, including paying damages to the injured party.

What Can I Do to Avoid Injuries on Halloween?

Firstly, if you don't want visitors at all, make sure your porch light is off. If your porch light is on, you'll be considered liable for what happens to trick-or-treaters on your property, since a lit porch is seen as an invitation for trick-or-treaters to visit your property. If your light is off, you won't have the same legal responsibility to your visitors, which could help you avoid charges if someone is injured on your property.

In addition to minding the state of your porch light, you'll also want to take the following steps:

Mind Tripping Hazards or Slippery Surfaces

This is especially important if you live in an area where ice or snow starts showing up around Halloween. If you're expecting trick-or-treaters, you should warn them of any potential tripping hazards before entering your property to help avoid a slip-and-fall case.

Make sure the path to your door is well-lit. Consider using a snow or ice-melting mixture on the path if snow or ice is present to help your visitors stay on their feet. You may also want to post a well-lit sign at the entrance to your property that clearly warns visitors of any tripping hazards you are aware of.

Make Sure Your Treats Won't Break Teeth

Many people love baking treats and candies for trick-or-treaters instead of furnishing them with store-bought goods, but be careful if you want to go this route. Put some time into ensuring that your homemade treats aren't too hard and won't run the risk of chipping a tooth.

Additionally, you should make trick-or-treaters - and their caretakers - aware of what ingredients any treats you give out contain. The last thing you want is a trick-or-treater with an allergy to an ingredient you used consuming your treat.

Be Careful with Decorations

Many homeowners love to coat their yards with scary props on Halloween, and if it's a favorite pastime of yours, you don't need to stop - however, you should take the proper safety measures.

Consider warning visitors about potential scares on a sign at the entrance to your yard (perhaps the same one warning of any tripping hazards). Keep in mind that you can't predict how people will react to scary props - you don't want an exceptionally frightened trick-or-treater to fall or faint out of fear and hit their heads on the ground. As with many things in life, it's always better to err on the side of caution if you're not sure how scary you should make your yard on Halloween.

The fear of being held liable for trick-or-treating injuries on Halloween shouldn't stop you from having fun with your yard and the decorations in it, but it should encourage you to take the proper safety measures to ensure the security of your guests. Happy Halloween!

At the Law Offices of Daniel J. Miller, our team will help you navigate your personal injury dispute. To schedule a consultation with our team or learn more about how we can help with your case, give us a call at (757) 267-4949 or contact us online.

According to Virginia mask law, section 18.2-422, individuals over the age of 16 can't wear masks "with the intent to conceal" their identity. As a result, many young adults and parents over the age of 16 are left wondering: "Could I be arrested for wearing a mask on Halloween?"

In today's blog, we answer this question and more. To schedule a consultation with our team for your criminal defense case and work with a team who cares, contact us online or via phone at (757) 267-4949.

What Does Virginia Mask Law Say?

First, let's look at the specific wording provided in section 18.2-422:

"It shall be unlawful for any person over 16 years of age to, with the intent to conceal his identity, wear any mask, hood or other device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, to be or appear in any public place, or upon any private property in this Commonwealth without first having obtained from the owner or tenant thereof consent to do so in writing."

This section of Virginia law has an interesting bit of history behind it - it was originally conceived to criminalize terrorism. According to Dr. Darryl Brown, a professor at the University of Virginia:

"The law's original purpose, after all, was to prohibit mask-wearing by Ku Klux Klan members and other potential criminals or domestic terrorists who wear masks to display messages or conceal their identities."

To get it out of the way: The mask law won't impact the majority of trick-or-treaters, since it doesn't affect anyone under the age of 16. If an individual aged 16 or older does wear a mask as part of a Halloween costume, they could face charges, but the chances of such charges resulting in criminal penalties are probably minor.

Firstly, intent is important. The individual wishing to press charges against a mask-wearer 16 or older would have to prove that the person intended to conceal their identity. Secondly, they'd have to prove the person they're accusing is old enough to be impacted by the mask law. Safe to say, homeowners who are willing to engage with trick-or-treaters in the hope they catch an older teen or adult wearing a mask so they can levy the mask law against them are probably few and far between.

There are also some additional exceptions to the law:

• Masks worn as part of traditional holiday costumes are exempt, which could be used to argue for the legality of masks that are clearly part of a Halloween costume;
• Individuals who require a mask for protection due to a medical condition or professional dangers can still wear one, although people with medical conditions requiring a mask must have an affidavit from a licensed physician or osteopath.

Virginia Mask Law & COVID-19

Concerns about trick-or-treaters aside, the mask law has consistently made the news over the past year and a half because it could impact people who choose to wear masks to decrease their chances of contracting COVID-19.

Although Dr. Brown said he would be "very surprised" to see the police enforcing the mask law on people clearly wearing medical masks as COVID-19 protection, it could happen. On the behalf of the state legislation, a spokesperson for Governor Ralph Northam did report that the Governor is committed to ensuring individuals can wear medical masks to protect against COVID without fear of repercussion.

As with the application of the law to trick-or-treaters, chances of an individual actually facing penalties for wearing a medical mask are incredibly slim. Once again, the plaintiff would need to prove that the masked individual was attempting to "conceal their identity."

In most cases, people who wear medical masks for COVID do not make any attempts to conceal other identifying factors, such as their hair, clothes, or accessories. Given the statements from the Governor's office and the fact that wearing masks has been recommended by federal agencies such as the Centers for Disease Control, it's safe to say that chances of facing charges for wearing a medical mask are slim.

At the Law Offices of Daniel J. Miller, our team can help you pursue the ideal outcome in a criminal defense or family law case. Give us a call at (757) 267-4949 or contact our office online to learn more.