Defective Costumes, Masks, and Decorations: When Can You Sue for a Halloween Injury?

A Halloween celebration isn’t complete without costumes and decorations that bring a little spooky fun to the night. But when a product defect turns that fun into a trip to the emergency room—from flammable fabrics to faulty wiring—the results can be devastating.

So who’s responsible when Halloween products cause injuries? This blog explains the most common risks tied to costumes and decorations, what Texas product liability law says, and what steps you can take if a defective product has harmed you or a loved one.

If you or a family member has been injured on Halloween night, you can schedule a free case consultation with Carabin Shaw at 800-862-1260.

When Halloween Fun Turns Dangerous

According to the Consumer Product Safety Commission (CPSC), an estimated 3,200 Halloween-related injuries are treated in U.S. emergency departments each year. Roughly 20% of these injuries are linked to costumes or decorations—including burns, cuts, choking, and allergic reactions.

Here are some of the most common hazards parents and homeowners should watch for:

• Flammable materials — Cheap fabrics, paper, or dried floral décor can ignite quickly near open flames or candles.

• Choking or strangulation hazards — Loose cords, detachable parts, or tight masks can pose serious risks, especially to young children.

• Obstructed vision — Masks and headpieces that block sightlines can lead to falls or other accidents.

• Toxic face paints — Some low-cost paints contain lead or other harmful chemicals that may cause rashes or breathing problems.

• Oversized costumes — Ill-fitting or extra-long costumes can cause tripping injuries.

• Sharp or pointy props — Costume accessories can easily injure children or other partygoers.

• Open flames — Candles and lanterns can ignite flammable materials, leading to burns or fires.

These risks are particularly concerning for children, who account for more than half of all Halloween-related injuries, according to CPSC data. Because many of these injuries result from preventable product defects, Texas law allows victims to pursue compensation when negligence is involved.

Understanding Texas Product Liability Law

Consumers expect the products they buy to be safe. Unfortunately, that’s not always true. Under Texas product liability law, manufacturers, distributors, and retailers have a duty to ensure the safety of their products. When that duty is breached, and someone is injured as a result, those parties can be held legally responsible.

There are three primary types of product defects recognized under Texas law:

• Design defects — When a product’s design makes it inherently unsafe, even when used properly.

• Marketing defects — When companies fail to include adequate warnings, labels, or instructions that could prevent injury.

• Manufacturing defects — When a product deviates from its safe design during production, creating a one-off danger.

Depending on what caused the injury, liability may rest with the manufacturer, distributor, or retailer—or in some cases, all three. Determining fault requires investigating who introduced the unsafe product into the market and how the defect occurred.

What to Do After a Halloween Injury

Halloween injuries can be frightening—but knowing what to do afterward can help protect your health and your rights.

1. Seek medical attention immediately. Your health comes first, even if the injury seems minor.

2. Gather proof. Take photos of the defective product, the injury, and any packaging or warning labels.

3. Report the incident. Notify the seller or manufacturer, and keep a record of your report.

4. Contact a personal injury attorney. Product liability claims can be complex; legal guidance can ensure you pursue the compensation you deserve.

Spooky Defect? Call Shaw.

No costume or decoration should turn a night of fun into a nightmare. If you or your loved one has been injured by a defective Halloween product anywhere in Texas, you could be entitled to compensation for:

• Ambulance Costs

• ER Treatment

• Surgeries

• Medical Bills

• Pain and Suffering

• Property Damage

• Missed Work

• Wrongful Death

• And More

We can help you find out for free.

Call Shaw at 800-862-1260 today or use the live chat to schedule your free case evaluation with one of our personal injury attorneys. No fees. No obligations. Just expert legal advice.

We put our clients first—because we care. We look forward to serving you.

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¹CPSC “Safety Tips to Keep Hazards from Haunting Your Halloween.”