Halloween Increases Risk of Premises Liability Lawsuits
The great thing about being a homeowner on Halloween is that you merely have to stock up on sweets and turn on an outside light in to be bombarded by hundreds of costumed candy-seekers. Likewise, the bad thing about being a homeowner on Halloween is that you owe a duty to everyone who legally steps foot onto your property to keep it free from defects or conditions that might cause injury, or else you face the risk of a premises liability lawsuit. Learning more about premises liability law in Tennessee may be a valuable idea, especially as Halloween approaches.
One common type of injury that give rise to Halloween-related premises liability lawsuits is injury from burns or exposure to heat or fire. Homeowners should be careful to make sure decorations on their property, both in-home and on the yard outside, do not expose small children to dangerously hot lights, surfaces, or to open flames. Also be sure the walkway or any other heavily trafficked area is free from obstacles like jack-o-lanterns that could potentially tip over and set fire to costumes or other materials that are highly flammable. Likewise, it would be advisable to check other possible fire hazards, such as electrical outlets to make sure everything is in an adequate and safe condition.
Another type of injury that homeowners should be wary of is injuries from falls occurring on the property. Be sure to clear walkways of any obvious impediments, such as rakes, tools, garden hoses, animals, etc. Also try to remember that your average trick-or-treater is a child who is not overly coordinated and will sometimes be wearing masks or other impediments that can inhibit his or her ability to see their way around. They are also likely to be completely excited by the prospect of free candy, regardless of the fact that they already have more than they could ever eat, and will rush your door with reckless abandon. Thus, areas of the property that people will frequent should be well-lit and completely clear of any obstacles if possible.
Halloween presents a situation in which the homeowner is supposed to know that people, especially small children, will be entering and exiting their property frequently. Thus, the burden is on the homeowner to take steps to make sure their property presents no danger to those who may wander on to it. As a word of caution, simply turning off all the lights or making sure you are not home will probably be insufficient to protect you from liability in this situation if someone sues you on a premises liability theory. All possible steps should be taken to make sure the property does not present a danger to anyone.
