Halloween is just around the corner and your little ones will be eager to put on their costumes and visit neighbors in hopes of getting lots of candy.
As a home owner, you turn your front light on and clear the sidewalk of any debris. Here’s a question you probably haven’t pondered – are you liable if someone falls on your property and gets hurt?
Attorney Kelly Dunn Gelof, managing partner at Tunnell & Raysor in Sussex County, helps us answer that question.
Kelly says that if the homeowner is aware of a crack or debris in their driveway, or on their sidewalk, and do not do anything about it before inviting guests, such as trick-or-treaters to their home, that’s where this becomes an issue for the homeowner.
“The homeowner has to take responsibility for their own home, especially when they have people coming to their property,” Kelly says.
Kelly also says weather could be a factor when it’s icy or snowing. Kelly says as a homeowner, you are not expected to clear the snow during a snowstorm when it’s still snowing as long as you are not expecting people to come over.
“After the snow is over, and you know people are going to be coming up onto your property, then that is a time when you do need to make sure you have it clear as best as you can,” Kelly says.
It’s important to have things as well lit as possible with an easy, clear pathway. Kelly says that the same rules hold true for renters.
“Typically, if you’re the one living there, then it does become your responsibility to make sure things are free and clear, or to notify the owner of the property if it is something they are supposed to be taking care of per the lease,” Kelly says.
Kelly says before welcoming trick-or-treaters to your home for Halloween, assess your front walkways, yard, and steps when it’s dark to be sure everything looks okay before the kids come onto your property.
