A display of Halloween pumpkins sits on the front porch of a home Thursday, Oct. 7, 2021, in Garretson, S.D. (AP Photo/David Zalubowski)
Blog   |  October 4, 2023
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Avoiding Halloween Hazards: A Guide to Preventing Premises Liability Issues

Almost every year following Halloween, Kemp Law encounters clients seeking legal assistance due to injuries sustained by themselves or their children during Halloween activities, potentially giving rise to premises liability cases.

When Did the Tradition of Trick-or-Treating Become Popular?

What is Premises Liability?

Premises liability encompasses the legal principle that homeowners bear a legal duty to maintain their property free from hazards. Failure to warn about or rectify hazardous conditions on their property could render homeowners liable for injuries.

If your property is unsafe, such as leaving a garden hose obstructing a walkway, and someone gets injured, you may be held accountable for the harm caused. Even though homeowner’s insurance typically includes liability coverage, it might not suffice to cover the full extent of injury related damages, potentially needing out of pocket payments.

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Want to avoid a case this Halloween? Follow these tips!

To avoid becoming a part of such cases, here are some tips, as sustaining or causing injuries on your property is not how you want to conclude what should be an fun and stress free holiday:

1. Thoroughly inspect your property for potential hazards. This is especially important during Halloween when it’s dark, children are running around, and costumes may obstruct vision. Ensure all walkways are well lit and free of tripping hazards.

2. Safeguard your pets. Halloween can be unsettling for animals due to the unfamiliar costumes, noise, and commotion. Even typically well-behaved pets might react poorly to the unusual environment, so keep them secure.

3. If hosting an adult party at your home, you are responsible for your guests. If a guest consumes excessive alcohol and causes harm, you could be held liable. Monitor your guests’ alcohol consumption and encourage responsible drinking.

4. Never permit drinking and driving. You could be held accountable for any injuries caused by a guest who drinks and drives.

5. Review your insurance coverage. Ensure that your homeowner’s policy includes a good liability coverage, providing peace of mind in case it is needed.

Kemp Law is Who You’re Gonna Call!

Our primary goal is for everyone to have a safe and enjoyable Halloween. However, if you or a family member sustains an injury on someone else’s property during Halloween or any other time, the experienced premises liability attorneys at Kemp Law Group are ready to assist you in determining the best course of action.

Should you require legal representation this season, please feel free to contact us here at Kemp Law anytime at 727-847-HURT. We are here to assist you.

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