Trick or treaters may be descending on your home in droves once the sun sets this Halloween. You may think you have your bases covered with candy and a lit Jack O’ Lantern. But before you sit back on the sofa and wait for the doorbell to start ringing, think about protecting yourself from potential lawsuits by foreseeing possible dangers.

If your porch light is on during Halloween evening, it’s a signal to trick or treaters that they are invited to come to your door. As an invited guests on to your property, you owe them the highest duty of care, and must not only repair and correct known dangers, but you must also reasonably inspect, discover, and correct unknown hazards to areas in which your invited guests have access.

Trick or Treaters – Those Attractive Nuisances!

Normally, if someone comes to your door uninvited, with the porch light off, they would be considered a trespasser, and as such, you would only owe them a duty not to be grossly negligent. However, this is Halloween, and trick or treaters are kids. A heightened level of care is owed to known trespassing children, under the doctrine of attractive nuisance. Here, the attractive nuisance is the candy, not the adorable child dressed as a little monster.

Watchdogs and Chihuahuas Beware!

Keep your animals under control when opening doors to trick or treaters. The cacophony of endless doorbell chimes is enough to set most dogs off. Coupled with the desire to protect owners from goblins, zombies, and werewolves, one bite would really kill the whole evening. Penalties vary by state, and by the dog’s history for biting people. If you want to play it safe, keep Fido in a crate or locked in another room during peak trick or treat hours, even though it is tempting to dress your dog in an adorable costume that rivals any kiddos coming for treats.

If someone does get injured on your property, contact your homeowner’s insurance company to see if the incident is covered under your policy. Remember that, at some point, your interests and that of the insurance company may diverge, and you probably have the right to hire your own attorney, paid for by the insurance company.

Related Resources:

  • Find an Insurance Defense Lawyer Near You (FindLaw’s Lawyer Directory)
  • Find a Personal Injury Defense Lawyer Near You (FindLaw Lawyer’s Directory)
  • Scary, but Safe: Top 3 Tips to Avoid Halloween Injuries (FindLaw Injured)
  • Don’t Let Your Halloween Become a Legal Nightmare! (FindLaw Insider)

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