Halloween is just around the corner, and homeowners across Ontario are preparing to welcome trick-or-treaters with decorations, pumpkins and plenty of candy.
While Halloween is an enjoyable tradition for families and neighbourhoods, it also presents some unique safety considerations for homeowners.
On October 31, many properties will receive more visitors in a few hours than they ordinarily would over several weeks. Many of those visitors will be young children, arriving after dark, wearing costumes that may restrict their movement or visibility, and understandably more focused on collecting candy than watching where they are walking. Some children may be running between houses, while others may have physical disabilities or require assistance navigating walkways and stairs. These are foreseeable circumstances that homeowners should consider when preparing their properties for Halloween.
Fortunately, a few relatively simple precautions can help reduce the risk of injury and make the evening safer for everyone.
Understanding a Homeowner’s Legal Responsibilities
In Ontario, the Occupiers’ Liability Act establishes the general duty of care owed by occupiers of premises, including homeowners who have possession or control of their property.
Section 3(1) requires occupiers to take such care as is reasonable in all the circumstances to see that people entering their premises are reasonably safe. This does not mean that homeowners are automatically liable whenever someone is injured on their property. The law requires reasonable care, not a guarantee that every accident will be prevented. However, what constitutes reasonable care depends on the circumstances.
On an ordinary evening, a homeowner may reasonably expect visitors to approach the front door in daylight or with adequate visibility, paying attention to their surroundings. Halloween can be different. Homeowners who welcome trick-or-treaters can anticipate an increased number of visitors, many of whom are children, moving through their properties in darkness, wearing unfamiliar footwear or costumes that may interfere with their vision.
Those circumstances make it particularly important to consider whether the property presents any foreseeable hazards.
A Halloween Safety Checklist for Homeowners
Before the first trick-or-treaters arrive, consider taking a few minutes to inspect your property from the perspective of a young child approaching the front door.
- Ensure the route to your front door is well lit. Turn on exterior lights and make sure pathways, steps, porches and changes in elevation are clearly visible. Consider temporary lighting where existing fixtures do not adequately illuminate the route. Decorative lighting should complement, rather than replace, practical lighting.
- Clear walkways, driveways and entrances of potential tripping hazards. Remove toys, gardening equipment, hoses, loose branches, debris and other objects from areas where visitors are likely to walk. Pay particular attention to the route from the sidewalk or roadway to the location where candy will be distributed.
- Inspect steps, walkways and handrails. Check for loose paving stones, uneven surfaces, damaged steps and unstable handrails. Hazards that may be familiar to a homeowner can be difficult for visitors to identify, particularly in darkness or while wearing a costume. Address problems before Halloween or direct visitors along a safer route.
- Keep decorations away from walking areas. Halloween decorations can create unexpected hazards when placed across pathways, on steps or near entrances. Ensure that pumpkins, artificial tombstones, inflatable decorations and other displays do not obstruct the route to the front door. Avoid placing decorations where children may need to step over or walk around them.
- Be mindful of electrical cords and open flames. Electrical cords running across a walkway can create tripping hazards. Where possible, keep cords entirely away from pedestrian routes and use equipment rated for outdoor conditions. Battery-operated candles or LED lights are preferable to open flames in pumpkins and other decorations, particularly where costumes may brush against them.
- Consider accessibility and limited visibility. Not every trick-or-treater will be able to navigate steps, narrow pathways or uneven surfaces easily. Some may use mobility aids, while others may be wearing masks or head coverings that restrict their peripheral vision. Where practicable, provide a clear, unobstructed approach and consider distributing candy at a more accessible location if the front entrance presents difficulties.
- Keep pets safely separated from visitors. Even friendly dogs may become excited or frightened by unfamiliar costumes, masks and repeated doorbell ringing. A pet that unexpectedly runs toward a visitor may cause a child to stumble, fall or become injured. Keeping pets securely indoors and away from the entrance can reduce this risk.
- Monitor weather and changing conditions. Ontario weather in late October can be unpredictable. Rain, wet leaves, frost and even early snow or ice can make steps and walkways slippery. Check conditions before trick-or-treating begins and take appropriate steps to address hazards. A pathway that was safe earlier in the day may require attention by evening.
- Do a final walk-through before welcoming visitors. Walk the route that trick-or-treaters will use, preferably after dark, to see what they will see. Look for poorly lit areas, unexpected changes in elevation, decorations that obstruct the pathway and other conditions that might cause someone to trip or fall. Continue to monitor the entrance throughout the evening, particularly if decorations shift or weather conditions change.
Why Taking These Precautions Matters
An important aspect of occupiers’ liability is foreseeability. The question is not simply whether an injury occurred, but whether an occupier took reasonable care in the circumstances to keep visitors reasonably safe.
Halloween presents circumstances that are different from an ordinary evening. Homeowners know that children will be visiting their properties, that visibility may be reduced, and that costumes, excitement and unfamiliar surroundings can affect how visitors navigate the property. That knowledge is relevant to considering what precautions are reasonable.
For example, a garden hose lying across a poorly illuminated walkway may present a foreseeable tripping hazard. A loose paving stone that is easy to see during daylight may be much more difficult to identify at night, particularly for a child wearing a mask.
Reasonable precautions do not require a homeowner to anticipate every conceivable accident or eliminate every possible risk. They do, however, require attention to hazards that could reasonably be identified and addressed.
What Happens if Someone Is Injured?
If a trick-or-treater is injured on residential property, whether the homeowner is legally responsible will depend on the particular circumstances, including the condition of the property, the nature of the hazard, the foreseeability of the injury and the precautions that were taken. The conduct of the injured person may also be relevant to an assessment of responsibility.
An injury does not automatically establish negligence, and a homeowner’s legal obligations must always be assessed against the applicable standard of reasonable care.
Homeowners may also wish to review their home insurance policies to understand what liability coverage is available in the event of an injury on their property.
A Safe and Enjoyable Halloween
Halloween should be a memorable evening for children and families, not one remembered because of a preventable injury. Most homeowners will already take steps to make their properties welcoming for trick-or-treaters. Taking a few additional minutes to consider lighting, accessibility, walking surfaces and potential hazards can help make those properties safer as well.
At Flaherty McCarthy LLP, our lawyers regularly represent parties in personal injury and occupiers’ liability litigation. We understand that accidents can occur even where reasonable precautions have been taken, but also recognize the important role that proactive safety measures can play in preventing injuries.
This Halloween, before turning on the porch light and putting out the candy, take one final look at your property through the eyes of the children who will be visiting.
A little preparation can go a long way toward ensuring that Halloween remains a safe and enjoyable experience for everyone.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. The information presented should not be relied upon as a substitute for advice tailored to your specific circumstances. For advice regarding your particular situation, please consult a qualified lawyer.
