In some neighborhoods, homeowners put considerable money, time and effort into their outdoor Halloween decorations. However, life-size skeletons, witches and ghosts on the lawn surrounded by pumpkins, tombstones and spiderwebs can create risks for those who go onto the property.
Can a homeowner be held liable if someone suffers an injury as a result of one of these decorations or on something else they encounter on the owner’s property while they’re getting an up-close look at the decorations? It depends.
What are homeowners’ responsibilities?
Property owners legally owe a duty of care to anyone invited onto their property. That duty typically applies to children even if they’re not invited if there’s an “attractive nuisance” that would draw them onto the property. Halloween decorations would typically fall into that category.
On Halloween night, trick-or-treaters and those accompanying them are generally considered welcome in an open yard if the home’s lights are on and the home is decorated for the holiday. Therefore, homeowners have a responsibility to avoid hazards like loose electrical cords, holes in the ground and heavy, unsecured decorations that could fall over and hurt someone. Homeowners shouldn’t place lit jack-lanterns or any tripping or slipping hazards on driveways, walkways and porches.
That duty of care extends to people’s pets. Even the gentlest, friendliest dogs can become frightened or overly excited with people coming to the door. For everyone’s safety, homeowners should keep their dogs inside and away from the door. Dog bites are far too common on Halloween – as are injuries to animals who escape from the house.
When can an injured person hold a homeowner liable?
The circumstances of each case are unique. While homeowners have the responsibilities discussed here to keep their property safe for anyone passing through on Halloween, people (at least adults) have a responsibility to exercise reasonable care and look out for any children accompanying them. That includes not tampering with decorations in a way that could cause damage to themselves or others.
Most people survive the holidays unscathed. However, anyone who has suffered an injury they believe was caused by a homeowner’s or other property owner’s negligence is wise to get legal guidance to determine whether they can seek compensation for their medical bills and other expenses and damages.