Halloween is a fun time for kids and families, but it also comes with a higher risk of accidents. Dark walkways, uneven surfaces, and scattered decorations can create hazards for trick-or-treaters and other visitors. Understanding your responsibilities as a property owner can help you protect guests and reduce the risk of liability in the event of an injury on your property.
Michigan Property Owner Responsibilities
Homeowners and renters have a legal duty to maintain their property in a reasonably safe condition for visitors. This includes removing hazards such as wet leaves, ice, or debris from walkways, providing enough lighting, and properly securing pets. If a property owner is aware of a dangerous condition and does not fix it, they may be held liable through a premises liability claim if an injury occurs.
Under Michigan law, property owners must warn visitors of known hazards but are not typically required to look for unknown dangers. Disregarding safety rules or violating building codes can lead to serious injuries. Recoverable damages in liability cases can cover medical expenses, lost wages, and other related costs.
Common Halloween Accidents
Certain risks on Halloween can lead to injuries on a residential property. The most common types of accidents include:
- Slip and falls from wet leaves, poor lighting, or uneven walkways.
- Trips over decorations, extension cords, or cluttered porches.
- Dog bites when pets are surprised by costumes or loud noises.
- Burn injuries from candles and flammable materials.
- Falls from porches when railings are broken or loose steps.
- Traffic and pedestrian accidents due to limited visibility or distracted driving, specifically when children in costumes and trick-or-treaters cross streets.
Because Halloween activities usually take place after dark, even minor hazards can be difficult to see. Costumes that limit visibility or have long, trailing parts can further increase the risk of trips and falls. Property owners can reduce accident risks by:
- Using battery-operated or pathway lighting
- Keeping walkways and stairs clear of clutter and well-lit
- Double-checking that railings and steps are secure
- Properly restraining pets
Taking these safety precautions not only helps prevent injuries but can also reduce potential liability for property owners.
When the Property Owner May Not Be Liable
Property owners are not automatically responsible for every injury that happens on their property. If a visitor ignores posted warnings, behaves recklessly, or trespasses, liability may not apply. Likewise, if someone damages decorations or other property and is hurt in the process, the homeowner is generally not held liable.
What to Do if Your Child Is Injured
If you or your child is injured while trick-or-treating on someone else’s property, seek medical attention right away and carefully document the circumstances of the incident. Take photos or videos of the area where the injury occurred, gather contact information from any eyewitnesses, and report the incident to the property owner. Speak with an experienced premises liability lawyer as soon as possible to understand your legal rights and options for pursuing a claim.
In Michigan, most premises liability claims have a three-year statute of limitations. This means you must file a lawsuit within the three-year deadline of the date of the incident, or you will lose the right to seek compensation. The deadline to file is much longer for children who are injured, and they can sue until they reach the age of 19 years old.
Keep Halloween Fun and Safe
Most Halloween injuries can be avoided with some preparation and care. Taking a few precautions can help ensure a safer holiday and autumn for everyone. If you or a loved one is injured on someone else’s property, contact our office for a free consultation to discuss your case and explore your legal options.