Halloween Injuries in Indiana: Trick-or-Treat Safety and Liability

Halloween is one of the most dangerous nights of the year for child pedestrians. Here is what Indiana families and homeowners should know about liability when trick-or-treat accidents happen.

Halloween is a highlight of the fall season for children across Indiana, but it also brings unique safety risks. Children are twice as likely to be struck and killed by a motor vehicle on Halloween than on any other night of the year, according to data from Safe Kids Worldwide. Excited children moving through neighborhoods after dark, costumes that limit visibility, and increased vehicle traffic combine to create conditions that lead to serious pedestrian accidents.

QUICK TAKE
• Drivers can be liable for Halloween pedestrian injuries; young children aren’t held to an adult standard of
fault.
• Homeowners owe trick-or-treaters the highest duty of care as invitees — including inspecting for hazards.
• Defective costumes or accessories can trigger a product liability claim against the maker or seller.

Driver Liability
Drivers must exercise due care around pedestrians, and that duty is heightened on Halloween evening, when normally quiet neighborhoods fill with children crossing streets, darting between parked cars, and walking along roads without sidewalks. A driver may be liable for injuries to a child if they were:
• Speeding through a residential neighborhood
• Distracted by a cell phone
• Failing to watch for pedestrians

Indiana’s comparative fault rules apply, but courts recognize that young children cannot be held to the same standard of care as adults when evaluating fault.

Homeowner Liability
Indiana homeowners who participate in trick-or-treating by inviting children onto their property take on premises liability obligations. Because trick-or-treaters are generally considered invitees — people invited onto the property for a purpose the owner encourages — homeowners owe them the highest duty of care, including a duty to inspect for and correct hazards. A homeowner may be liable if they:
• Fail to keep walkways clear of hazards
• Leave steps in disrepair
• Allow extension cords to create tripping hazards across walkways
• Fail to provide adequate lighting

Defective Costumes and Accessories
Injuries can also result from defective Halloween costumes or accessories, including:
• Costumes that are highly flammable
• Masks that obstruct vision
• Accessories with small parts that pose choking hazards

If a child is injured because a costume or accessory was defectively designed or lacked adequate safety warnings, the manufacturer or retailer may be liable. Parents should check costumes for adequate visibility and fire resistance before allowing their children to wear them.

If your child has been injured on Halloween, the personal injury attorneys at McNeelyLaw can help you determine who may be responsible. Contact us today by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation