Halloween Injuries On Someone Else’s Property In Indiana: Do You Have A Premises Liability Case?

In this article, you will discover:

• The difference between being a social guest and a trespasser with respect to premises liability in Indiana
• Whether Halloween props or decorations could be considered hazards in an Indiana premises liability case
• Whether an Indiana landlord would be liable for injuries occurring at a tenant-decorated home on Halloween

What’s The Difference Between Trespassing And Being A Social Guest On Halloween In Indiana?

Under Indiana law, there are three classifications of people entering onto property: invitees, licensees, and trespassers. Whoever controls the property, whether it’s a landowner or tenant, has a duty regarding entrants onto the property, determined based on the classification of the person entering.

The highest duty is owed to an invitee, which includes social guests and business invitees. The duty owed to them is for you to discover latent defects on the property and repair them so as not to pose an unreasonable risk of injury. If those latent defects can’t be fixed, you have a duty to adequately warn people entering your property that those defects are there and to avoid them.

“Trespasser” is the lowest level of duty. You don’t owe them any duty, other than refraining from willfully or intentionally hurting them or exposing them to unreasonable risk of injury. For example, you would be liable for their injury if you set a trap that would intentionally injure them.

A licensee is in between those two extremes. They are not business customers (“invitees” there for the mutual benefit of both parties), and they are not trespassers (unwanted visitors coming uninvited). They are usually there based on the implied consent principle. Common examples would be the gas meter reader, the mailman.

It is likely that trick-or-treaters would be classified as either licensees or invitees (social guests) depending upon the facts and circumstances of the particular incident.

Are Halloween Decorations Or Props Considered Dangerous Hazards In Indiana Premises Liability Cases?

All negligence law comes down to a determination of reasonable care. It’s always on a case-by-case basis, and it’s going to be a fact-sensitive inquiry.

People go out on Halloween understanding that they’re entering premises that are decorated with props. To some extent, they are incurring the risk of going onto those properties and doing so at their own peril.

On the other hand, the homeowner has to recognize that random members of the public of varying ages and life experiences are going to be visiting the property and they will have differing sensibilities or tolerances for Halloween surprises. If you are impliedly inviting trick-or-treaters onto your property, but there is a latent or hidden defect. Have you created a hidden hazard that exposes them to an unreasonable risk of injury? If so, those props could be considered dangerous hazards in a premises liability case.

Attorney Thomas Scifres is a skilled lawyer based in Salem, Indiana, who has helped clients like you navigate the intricacies of premises liability law. With more than three decades of experience, he is prepared to assist you in pursuing your injury claim so you receive the compensation you’re entitled to.

Still have questions? Ready to get started? Contact Thomas E. Scifres, PC, today to schedule an initial consultation.

Are Indiana Landlords Responsible For Injuries At Tenant-Decorated Homes On Halloween?

In the absence of a contract that says otherwise, [remises liability generally hinges on who has control of the property, rather than who owns it.

A tenant is essentially someone who typically has a one-year right to live on and control a property subject to the terms of the lease, which reserves some rights for the landlord. For the most part, the tenant is in control of the property. For that reason, it’s generally the tenant who’s going to be responsible for injury, subject to the terms of the lease. These terms can result in some liability shifting by virtue of the contract.

Under most lease arrangements, tenants agree to purchase liability insurance and insurance on their contents, while the landlord will take responsibility for the structure itself and insure it against hazards.

How Do Indiana Courts Determine Reasonable Safety Standards For Halloween Injuries?

In any special circumstances, which could include Halloween, the standard reverts to the reasonable person standard.

On Halloween, you have children going onto people’s properties with their families in a way they wouldn’t on any other night of the year. You have homeowners decorating and setting up props, and possibly frightening live-action acting. The homeowner has to understand that a toddler will have different sensibilities and tolerances than a teenager. Similarly a young healthy parent will have different sensibilities and tolerances than a grandparent with a compromising health or physical condition. Creating a live-action scare at the edge of a porch with a drop-off is going to elicit different responses from different people. What is exciting or funny to one might result in a fall and broken bones to another. There’s also a convention or practice that if you don’t want children coming to your house, you turn off your lights, indicating you’re not home.

You consider all these factors. In addition, liability also depends on:

• The nature of the dangerous defect
• The condition of the premises that caused the injury
• The age of the child or parent/guardian
• Was the defect latent or open and latent?
• Was the parent or gurdian negligent?
• The fact that everyone is incurring the risk of going out and visiting multiple properties

When all these factors converge, it’s going to be a fact-sensitive weighing of who’s at fault and to what degree.

Still Have Questions? Ready To Get Started?

For more information on Halloween injury claims in Indiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (812) 359-7569 today.