Hosting Trick or Treaters? Follow This Rule from an Attorney To Keep Your House Safe

Updated on Oct. 15, 2024

An attorney shares essential tips on how to keep your property "fright-free" this Halloween.

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The US Consumer Product Safety Commission notes that each year, over 3,200 Halloween-related injuries are reported, many on private property. If you’re planning to host a Halloween party or hand out treats to trick-or-treaters this spooky season, it’s important to keep these statistics in mind.

Meesha Moulton, a personal injury attorney from Las Vegas, Nevada, explains: “You are legally obligated to maintain a reasonably safe environment for visitors,” meaning you must take care of any clear hazards that could cause injury or accidents. “The legal concept of ‘premises liability’ means that if someone gets hurt because you didn’t address a known danger, you could be held responsible,” she adds.

Ahead, Moulton shares expert tips from a lawyer’s perspective on how to avoid potential pitfalls and ensure a safe, injury-free Halloween on your property.

How to prevent injury on your property this Halloween

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Lighting is key

We can’t emphasize enough how important good lighting is. “Make sure your walkways and entryways are well-lit, so no one’s stumbling in the dark,” Moulton advises. “The most common disputes often involve slip-and-fall accidents.”

Without adequate lighting, there’s a real risk that someone could trip over an unseen step or a camouflaged decoration on your property.

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Identify potential hazards

It’s important to keep an eye out for any potential hazards on your property, Moulton shares. This means addressing any obvious dangers that could lead to accidents or injuries. Whether it’s a large hole in your front yard or a shaky stair, make sure to fix it or safely block it off.

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Secure your pets

We all cherish our furry family members, but they too can find Halloween a bit overwhelming. If your pet gets frightened and accidentally ends up biting someone, it could lead to a dispute. “Keep your pets safely inside if they tend to get anxious around too much stimulation,” Moulton advises. This precaution helps ensure everyone, including your pets, enjoys a safe and pleasant environment.

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Decorations

Getting your home Halloween-ready is all part of the fun, but it’s important to keep it safe, too! Moulton points out that do-it-yourself haunted houses can sometimes lead to a conflict if not set up carefully. “If you’re setting up a haunted house, avoid sharp objects or low-hanging decorations that could lead to a nasty bump or worse,” she says. And don’t forget about those extension cords—make sure they’re securely taped down or tucked away to prevent any trips or falls.

For those decorating with jack-o’-lanterns, make sure they don’t obstruct pathways or pose fire risks. Choose LED candles over traditional ones if you can.

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Allergy-friendly treats

For all the homeowners gearing up for Halloween, Moulton offers another piece of advice: Think about allergy-friendly options. “You’d be surprised how many disputes stem from a candy-related allergy reaction,” she explains. Instead of traditional sweets, consider handing out non-candy goodies like stickers or glow sticks. It’s a simple switch that can prevent any “sticky” situations and keep Halloween fun for everyone.

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What should you do if an injury occurs on your property?

First things first: Prioritize the well-being of the injured person. Call for medical help if necessary and make sure they’re OK. Remember, while it’s natural to want to apologize, doing so could be seen as admitting fault, explains Moulton.

Next, gather all the essential details including names and contact information, and ensure you have a clear recount of the events. Don’t forget to take pictures of the location where the injury happened, documenting everything from the exact spot to the environmental conditions like lighting, weather, and any nearby decorations, she adds.

Lastly, reach out to your insurance company as soon as you can to report the incident. They’re equipped to take over and manage the claims process.

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Check your insurance policy

A final tip from Moulton as you gear up for Halloween: Double-check your homeowner’s insurance policy. It’s important to verify that you have adequate liability coverage, which safeguards you financially if someone gets hurt on your property. It’s also a good idea to document your Halloween setup and safety precautions. If you need to file a claim later, having photos or videos can make the process smoother.

“If there’s anything you’re really unsure or concerned about, you can always give your insurance company a call,” she concludes.

About the Expert

  • Meesha Moulton has been a practicing attorney in Nevada since 2015 and specializes in personal injury law. She is distinguished as one of the Top 100 Civil Plaintiff Lawyers by the National Trial Lawyers Association and is also recognized among the Top 40 Under 40 attorneys.

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