October 30th, 2023|
Imagine you and your family are celebrating the fall season with a visit to the local pumpkin patch. Unexpectedly, a gust of wind picks up a piece of equipment and knocks your child out, leaving them injured.
This is just one example of the many types of accidents that can happen when visiting a pumpkin patch. If you or a loved one has been injured in a pumpkin patch accident, speaking with an experienced accident lawyer is critical.
At Berg Injury Lawyers, we can help you determine if you have a valid case and, if so, pursue the maximum compensation you deserve.
Pumpkin Patches’ Potential Risks and Hazards
Fall is the season for pumpkin patches, hayrides, and bounce houses. But have you ever thought these seemingly fun and harmless activities can lead to severe injuries or death? Sadly, they can.
Thankfully, California premises liability law holds property owners accountable for injuries on their properties. Some of the most common causes of injuries at pumpkin patches include:
- Poorly maintained corn mazes
- Aggressive animals
- Unstable bounce pads
- Defective hayrides
- Uneven surfaces or potholes
While walking through a pumpkin patch, keep in mind that various types of injuries can occur:
- Slip and fall accidents: Uneven surfaces, wet areas, or debris on the ground can cause visitors to slip and fall, resulting in injuries.
- Health concerns and allergic reactions: Some visitors may get allergic reactions to the hay, corn, or other allergens in pumpkin patches. Dusty environments may also make it difficult to breathe for people with respiratory issues, such as asthma.
- Equipment or attractions that can cause injury: Pumpkin patches often set up inflatable play areas like bounce houses as a fun activity for visiting children. If improperly installed or used, these products can result in falls or injuries as a result of being trapped inside the play area. It’s also important that any vehicles used for hayrides and other activities should be in good working order and operated safely.
- Animal-related injuries in petting zoos: Petting zoos come with the risk of bites, scratches, and other injuries. Animals must receive proper care to ensure they are vaccinated and well-fed.
- Injuries caused by pumpkin carving: Pumpkin carving is among the most common causes of Halloween injuries. A study looking at data from 2018 found that 44% of Halloween-related injuries in the United States were related to pumpkin carving.
Liability and Legal Aspects in the Context of Pumpkin Patches
Pumpkin patch owners face various legal and liability risks that could negatively affect their reputation and finances. Some legal and liability risks include:
- Premises liability: In legal terms, premises liability refers to pumpkin patch owners’ responsibility to keep their premises safe and hazard-free. Lighting, fencing, and signage should all be in place.
- Duty of care: The owner is responsible for ensuring visitors are safe while on the property.
- An attraction or equipment operated negligently: If pumpkin patches operate their equipment or attractions with negligence, leading to injuries or accidents, they could be liable for damages.
To determine liability at pumpkin patches, proving negligence is important. The term “negligence” refers to conduct that violates the legal standards of behavior for protecting others.
To establish negligence on the part of the pumpkin patch property owner, you must prove the owner did one or more of the following:
- Failed to implement reasonable safety standards
- Allowed harmful objects to remain in the area
- Employed negligent staff
How an Accident Lawyer in Modesto May Help You Seek Compensation
The only way to establish negligence and prove your case is to demonstrate that the pumpkin patch had direct responsibility for an injury, whether by failing to implement safety measures, allowing dangerous objects to remain in the area, or employing certain employees who were negligent.
Our experienced accident lawyers in Modesto can guide you through the process and determine what compensation you might qualify for if you believe you have a case. Every case is unique, and how much compensation you receive depends on your specific circumstances.
Compensation may include:
- Economic damages: These are the losses you sustained due to the injury. Economic damages could include medical bills, future medical costs, lost wages for work time missed, future earnings lost if your ability to work has been affected, property loss or damage, and other out-of-pocket financial losses.
- Non-economic damages: These are compensations for losses unrelated to your finances. For example, you may suffer physical and mental pain due to your injuries, which may warrant compensation.
Get Help from Modesto Accident Lawyers
A personal injury claim may be available if you or your child have been seriously injured at a pumpkin patch due to owner negligence. It can be overwhelming to cope with an accident or injury that occurs through no fault of your own.
By hiring an attorney, you could receive a much larger settlement from the insurance company. Contact our Modesto accident lawyers at Berg Injury Lawyers for a free consultation!