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Trick or treat, or lawsuit?

Last Updated Oct 29, 2018 at 9:53 am PDT

(Source: iStock)
Summary

Lawyer: you could be held responsible if anyone is injured shooting fireworks on your property

VANCOUVER (NEWS 1130) – It’s all tricks and treats until somebody files a lawsuit.

Fireworks and frights are all part of Halloween, but could good clean fun land you in the courthouse?

If you scare someone so bad they have a heart attack could you end up in the haunted courtroom?

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You’re probably safe, unless you knew they had a medical condition, says Richard McMullan with CBM Lawyers.

“If it’s something that you could not reasonably have perceived a potential result of your actions,” you’re probably fine, he says.”I’m not aware of a case of negligent frightening happening where someone has been found liable for it, but I can see a scenario where that is possible.”

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Fireworks, however, are another matter.

If someone is shooting fireworks on your property, McMullan says you’re required to do everything reasonable to protect others through your own actions, and, if you’re a property owner, to protect your visitors from harm.

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While they’re rare, those lawsuits do happen.

“If they’re on the property with your consent, and you’re allowing them to do the fireworks display, then you have a duty to make sure that they are doing so in a safe manner,” he says.

So be safe, and avoid the scary lawsuit.