Halloween is a time of fun and celebration, but homeowners need to be aware of their liability risks. Especially with parties and tick-or-treaters in or near homes, premises liability is a big issue. Here is what homeowners should understand about premises liability during the Halloween season.
What Is Premises Liability?
Every homeowner has a legal responsibility to keep their property safe for visitors. Injuries caused by negligence can leave a homeowner liable. A classic example is making sure that your property’s sidewalk is safe. A large heave or crack in the sidewalk could lead to a visitor tripping. Particularly if you ignored the problem with the sidewalk for a long time, there is a good chance that you might be legally liable for a victim’s injuries. You could be on the hook for covering things like pain and suffering, medical bills, long-term care costs and even lost wages. Fortunately, a good way to minimize your premises liability risk is to be aware of potential issues and perform basic maintenance.
Slip-and-Fall Risks
The Halloween season is a time that’s bad for slip-and-fall risks. Leaves fall off trees in the autumn, creating slippery environments. Cooler weather can bring rain, ice and even unexpected snow. The night starts sooner, making areas like porches and sidewalks dark for more of the day. Halloween decorations can be hazardous, especially if they have attached extension cords.
Be sure to clean leaves from the walkways on your property. Also, check the quality of the lighting to ensure that visitors will be able to see. Consider adding walkway lights to make the area safer. Try to run cords for decorations away from walking areas, if at all possible.
Trespassing
Halloween is also a common time of the year for unintended trespassing. Especially if there are hazards on your property, you need to have “No Trespassing” signs that demarcate where people shouldn’t go. Make sure to use colorful signage. Keep nearby obstructions from blocking views of the signage. Also, know your local rules for the expected distance between postings.
Crowds
Overcrowding can create a host of injury risks. Be careful not to invite too many people to a party for the size of your location. Also, make sure to discourage people from parking at your location in spots that create hazards. Do not have visitors parking up the street in ways that create risks. Also, do not block driveways, alleys and narrow streets.
Similar issues can appear on properties with locally popular displays. If you have a popular display, consider working with local officials to implement traffic management. Also, know the rules for your municipality regarding attractive nuisances. An overly showy display might be attractive enough to make you liable for a nearby car accident because of distracted driving.
Animals
Pets don’t always handle the extra activity surrounding Halloween well. Dogs are particularly not always thrilled about strangers moving around the property or the neighborhood. Consider bringing your animals indoors during your locality’s trick-or-treating times to minimize bite risks.
Fire
Hardcore Halloween traditionalists may insist on using candles to light jack-o-lanterns. A lawyer will tell you to just not risk a fire like this. Particularly with the availability of low-cost LED alternatives, there isn’t a reason to take the risk. Also, make sure to use low-power lights in your decorations to minimize the possibility of causing a fire.
