Last-Minute Halloween Liability Issues

Halloween is scary enough, we don’t mean to add to your fright, but if you are a homeowner or an apartment dweller, there are some safety precautions you should take to greet the little ghosts and goblins who will be ringing your bell or roaming the streets.

A few years ago, Christopher Boggs wrote a great Guide to Homeowners Liability for Injury to Trick or Treaters. He notes:

When the porch light is on, trick-or-treaters are considered invitees; the homeowner is inviting them onto the property (though not for a mutual benefit). Because of this relationship, the homeowner owes the candy seekers the level of “reasonable” care that falls under Ordinary Negligence.

Now anytime you have anyone visit your home, they could suffer an injury or an accident – that’s why you have insurance. But on Halloween, a steady stream of small feet traipsing across your porch in the dark increases the risk. Plus, you are giving out food.

Here are some tips to minimize Halloween hazards and reduce your risk.

  • Keep porches and walkways well-lit and free of debris and clutter that might be tripping hazards
  • Put reflective tape on your steps and along your walkway
  • When decorating, avoid candles – use LED lights and battery-powered lights instead.
  • Keep pets away from kids to avoid bites, scares or allergic reactions. Even friendly pets can be overexcited or upset by the unusual activity and may be skittish or overly protective.
  • Avoid mystery treats. Distribute labeled treats and tell parents what they are and if they contain nuts.
  • Provide alternative allergy-free treats – consider small non-food trinkets.
  • Be cautious about any spooky pranks for kids or guests – make sure they are safe and not too scary to young children.
  • If you are hosting an adult party, you have particular responsibility to take care in the serving of alcoholic beverages. See our post on holiday parties and liability issues.
  • If you are driving any time on Halloween, be super cautious. Little monsters may be out at any hour and frequenting normally quiet neighborhoods. Be particularly cautious at dusk an early evening.

Protect your home and car too!

Halloween is a huge night for vandalism. Here are a few tips to protect your property from fire, theft and vandalism.

    • Don’t overload electrical circuits with lights.
    • Paper and dried plant decorations can easily ignite. Keep them away from flames, lights, and electrical cords.
    • Lock up bicycles, gas grills and other outdoor valuables.
    • Park your car in a garage, if possible. Mischief makers may egg your house or car.
    • If you don’t have shelter for your car, consider stopping at the car wash for a coat of wax that may offer some protection.
    • If you are out trick or treating with your kids or partying with your peers, make your home looks occupied. Leave lights and the TV on.
    • Doorbell cams and motion activated lights can offer added protection.
    • If your car or home is egged, deal with it right away that night or in the morning before damage can set in. See How to Remove Egg Stains From Your Car’s Paint Job and 4 Ways to Wash Egg off your home

    Call your agent

    If you should suffer any damage to your property or have any accidents during Halloween weekend, file a claim as soon as possible to get the claim process in motion. Be ready with the details of where and when the event occurred, along with the names and addresses of any injured parties or witnesses to the event. If there is damage to your property, report it to the police, take photos, and record the details so you won’t forget them later.

Reprinted from Renaissance Alliance – no usage without permission.

How well do you know your stuff? Create a home inventory!

Pop quiz – without looking, see how you do answering these questions:

  • What are the makes and years of your major kitchen appliances?
  • How many pairs of pants do you own? Jackets? Shoes? Boots?
  • What year did you buy your mattress and bed frame and what brand is it?
  • Name all the power tools you own. List the contents of your tool chest?
  • What brand of dinnerware and flatware do you own and when did you buy it?
  • List all your AV equipment, the make, the brand and the year you bought it.
  • Write down everything in your living room. Include what’s in the drawers and closets.

It’s not so easy remembering that stuff, is it?

It would be even harder if you were trying to recall all your stuff right after your house was destroyed in a fire or demolished in a hurricane. That’s why it’s important to keep a home inventory. If you find yourself under the terrible stress of recovering from a disaster or even a burglary, you don’t need the added burden of trying to remember all the possessions you lost so that you can be properly reimbursed by your insurer. A good home inventory will help you document your losses and make it easier to file a claim and get it processed.

You can record your “stuff” in a notebook (old-school style), but phones and computers have really simplified the process. A simple spreadsheet will do the trick, or use your phone to take  room-by-room videos and document with photos. Or download an inventory app. Just be sure that you have multiple copies, that you store your inventory in a safe and accessible place and you keep it updated. Even if you make a hand-written version, you can scan it and keep it online in cloud storage.

If you’ve never done a home inventory, it can be a daunting job, but there are tools to help. And going forward, things will be much easier if you get in the habit of taking photos of new purchases and saving receipts. Log serial numbers, when available.

Consumer Reports offers advice on How to Inventory Your Home for an Insurance Adjuster – including this short video:

Here’s more home inventory advice from people who should know: insurers.

If you are interested in an app to help you create a home inventory, here are some reviews of top picks:

 

Reprinted from Renaissance Alliance – no usage without permission.