Trick-or-Treating and Home Liability: What Homeowners Should Know

Halloween brings excited children to your doorstep, but it also brings increased liability exposure that many Manitoba homeowners don’t consider. While most Halloween visits pass without incident, understanding your legal responsibilities can help you enjoy the holiday while protecting yourself from potential claims.

Why Halloween Creates Unique Liability Risks

On a typical evening, you might have five visitors to your home. On Halloween, you could have fifty or more children and parents crossing your property in the dark, often while distracted by costumes and excitement.

This dramatic increase in foot traffic, combined with autumn conditions like wet leaves and early darkness, creates significant accident potential. Young children may not recognize obvious hazards, making property safety even more critical.

Common Halloween-related incidents include:

• Slips and falls on wet leaves, ice, or uneven walkways
• Trips over decorations, extension cords, or lawn ornaments
• Injuries from poorly secured decorations
• Burns from jack-o’-lantern candles or open flames

Understanding these risks helps you take appropriate precautions to protect both visitors and yourself.

Your Legal Responsibilities as a Homeowner

Under Manitoba law, homeowners owe a duty of care to anyone lawfully on their property, including trick-or-treaters. You’re required to take reasonable steps to ensure your property is safe for visitors.

The key word is “reasonable” – you’re not expected to eliminate every possible risk, but you must address obvious hazards and maintain reasonably safe conditions.

Your responsibility includes:

• Keeping walkways clear and reasonably well-lit
• Securing decorations so they won’t fall or cause injuries
• Ensuring stairs and railings are in good repair
• Removing or clearly marking significant hazards

This responsibility extends beyond your front door to your entire property that trick-or-treaters might reasonably access.

Practical Steps to Reduce Halloween Liability

Lighting and Visibility: Adequate lighting prevents accidents and demonstrates reasonable care. Replace burned-out bulbs, add temporary walkway lighting, and ensure your house number is visible. Consider LED candles instead of real flames in jack-o’-lanterns near walkways.

Walkway Maintenance: Clear walkways of leaves, snow, or ice, and check for loose stones or uneven surfaces. Secure decorations properly and ensure they won’t create trip hazards.

Pay special attention to steps – add temporary lighting or reflective tape to make them clearly visible in darkness.

Decoration Safety: Secure all decorations properly, especially anything that could fall in wind. Avoid decorations with sharp edges at child height, and ensure electrical decorations are properly rated for outdoor use.

What looks safe during daylight setup might become hazardous in darkness with excited children around.

Insurance and Documentation

Most homeowner’s insurance policies include liability coverage for Halloween-related incidents, but review your coverage limits and exclusions. Consider documenting your safety preparations with photos – this demonstrates reasonable care if claims arise.

Balancing Fun and Safety

Halloween liability planning isn’t about eliminating all risks – it’s about taking reasonable precautions that allow you to enjoy the holiday while protecting your family’s financial security.

Simple preparations like good lighting, clear walkways, and secure decorations prevent incidents and demonstrate responsible homeownership.

Taking Action 

If you have questions about your homeowner’s liability coverage or want to review your property liability exposure, consulting with professionals familiar with Manitoba property law can provide valuable guidance for Halloween and year-round protection. Contact us today!