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.”
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.
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.