Avoiding the tricks during trick-or-treat and keeping yourself safe on Halloween

Understanding homeowner liability during trick-or-treating

PITTSBURGH (KDKA) - Amidst all the fun of Halloween the last thing you want to worry about is getting in legal trouble. 

However, you might be shocked to learn that Halloween lawsuits happen for some really common reasons. 

It's a holiday that is anything but ordinary and kids in particular act in extraordinary, non-thinking ways. 

When the trick-or-treaters come calling the last thing you want is for it to become trick-or-trippers on your sidewalk. 

"If you know you have a defective condition, that kids and their parents might be walking over, put up a sign," said attorney Robert. F. Daley, a partner at Robert Pierce and Associates. "Put up a cone. Do something to alert people to that if, if you can't otherwise, light it."

Besides eliminating tripping hazards, Daley also said that dogs are an issue. 

"When someone comes to the door, [the dogs] get quite excited," he said. 

He also offered a word of caution - don't assume "my dog would never." 

"People are coming to the door, ringing the doorbell, knocking on the door, in dresses, as vampires, witches, clowns, and the like," Daley said. "It can put a dog in a state of anxiety. And even, I think a normal, gentle dog who's in a state of anxiety might be at risk, you know, for biting out of fear." 

So, you might put Fluffy in a back room with some music playing or the TV on or move your candy distribution center to take the dog and tripping hazards out of the picture. 

"You might want to consider moving it out to the front of your steps so that people don't have to walk," he explained. 

Daley also recommended avoiding homemade treats because you want to limit your liability when it comes to things like food poisoning. 

He said that any risk of foodborne illness is on the candymaker and in the case of allergic reaction, it's on the parents to filter that candy out of the haul. 

As always, be careful behind the wheel. 

"Children 4-to-8 years old are about ten times more likely to be hit by a vehicle during the trick-or-treating hours than otherwise," Daley said. 

If you have neighbors who offer shots or beers to the adults out with the kids, Daley stresses moderation and if you're handing those things out, be very careful. 

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