Some homeowners go all-out for Halloween. There’s often at least one house in the neighborhood where the entire yard is filled with ghosts, witches and other Halloween creatures. There may be tombstones, spiderwebs and giant pumpkins (real and inflatable). At night, the yard and home may be lit to create spooky effects.
These decorations can create potential risks for those who go into the yard or elsewhere on the property. Can someone hold them liable if they or their child suffers an injury on or due to one of these decorations?
What are homeowners’ responsibilities to visitors?
Property owners always owe a duty of care to those who are invited onto their property. When it comes to children, even if they haven’t been explicitly invited, Halloween decorations would be considered an “attractive nuisance” that can be expected to draw children, whether invited or not, even if it’s not yet Halloween. That duty of care would extend to them.
On Halloween night, trick-or-treaters and their parents or other chaperones typically are considered to be welcome in any accessible outdoor part of the property if lights are on inside and there are decorations in the yard, walkway and other outdoor areas. That means homeowners have a responsibility not to have hazards like loose electrical cords that could be tripped over, holes in the ground and poorly assembled decorations that could tip over and injure someone.
They also need to minimize or eliminate potentially flammable objects like lit jack-o’-lanterns lining the walkway or outside the door. These could easily tip over and ignite someone’s costume.
Darkness can add to the general spookiness of the scene. However, driveways, walkways, porches and other areas where people will be walking should always be well lit to avoid unnecessary trips and slips that can result in serious falls.
Further, homeowners have an obligation to keep their dogs inside – or at least on a leash if they want to dress them up to welcome visitors or walk them around the neighborhood. That’s for everyone’s safety, including the animals’. Dogs who get excited and run outside can easily get carried away and knock over a child – or worse, bite them. Even a child they know from the neighborhood may be unrecognizable to a dog if they’re in a costume and mask.
How to determine whether there’s a case
Certainly, those going from home to home on Halloween have the same responsibility they always have to watch where they’re walking and take basic precautions as they would any other time. However, homeowners also have a responsibility to do everything reasonably possible to prevent injuries.
Each case is unique, but when someone is injured by a Halloween or other decoration outside a home, it’s wise to get more information about whether the property owner can be held liable. Getting experienced legal guidance is a good first step.