As tradition has it, trick-or-treaters will be going door to door throughout New Jersey. But, what happens when that little ghoul or goblin gets hurt on one of your elaborate decorations? By inviting trick-or-treaters on to your property, you are legally responsible for their safety.
Basics of Premises Liability
In New Jersey, homeowners are usually held liable for any incidents that cause a “visitor” to be injured on their property. Even though your home may have the best Halloween decorations, you should make sure home is safe to others, especially if you are having trick-or-treaters on your property or plan on having over for a costume party.
If you are found at fault for another’s injury, your actions would be considered negligent because you did not do anything to prevent the unsafe situation. Your actions would also be negligent if you did know about the unsafe situation and failed to address the issue. If the visitor on your property is found to have injured themselves because of their own negligence, you would not be at fault.
Keeping Your Home Safe on Halloween
If you are one of the many who decorates their homes to the nth degree, you should keep in mind some safety tips to keep all who enter your home during this season safe from injury:
- Keep your yard and walkways well-lit for others
- Look for and remove any hazards trick-or-treaters may fall over
- Block off areas of your home and property that could be considered unsafe to small children
- Avoid using real candles in pumpkins; use battery-powered candles instead
- Be cautious when using dry ice or fog machines; low visibility
- Leave your pets, especially dogs, inside as they may become easily overwhelmed from the all the people
- Even if you aren’t participating, keep your lights on so others don’t mistakenly injure themselves on your property
What If Someone Gets Hurt?
If someone gets injured on your property, regardless if you are at fault or not, you need to be prepared. Those who do get hurt need to seek medical attention as soon as possible. If it’s found that the property owner was negligent, the injured party’s liability claim will most likely go through the property owner’s homeowner insurance. If the claim cannot be covered by insurance, the negligent party will be responsible for medical expenses.
Contact the Law Offices of Anthony Carbone Today
For thirty years, the Law Offices of Anthony Carbone have been handling premises liability claims throughout the state of New Jersey. If you were injured on someone’s property this Halloween, contact us today so we can secure the compensation you need to move forward. The consultation is free.