When it comes to outdoor holiday decorations, the Kanoza family is proud of their inflatables. Every October, our front yard becomes a sea of ghosts, spiders, and skeletons, all secured with metal stakes and surrounded by a tangled web of extension cords. If you’ve ever set up inflatables, you know how it goes.
This made me wonder: What if a trick-or-treater trips over one of those cords? Or worse, stumbles on a hidden crack in the driveway in the dark? As the best holiday of the year approaches, this blog discusses a legal concept called premises liability and how it relates to your displays and decorations.
In simple terms, premises liability is a legal concept that states property owners must maintain their property in a reasonably safe condition. If someone gets hurt because the property wasn’t safe and the owner should have taken steps to prevent it, the owner may be liable for the injury.
The rules depend on who the visitor is and the reason for their visit. Businesses owe the highest level of care because they invite the public in and profit from that invitation. That means a store or restaurant must regularly inspect for hazards and either correct or warn about potential dangers that could cause harm.
Homeowners, on the other hand, owe a more limited duty. If someone is on your property with permission, such as a friend or trick-or-treater, they are known in legal terms as a “licensee” and you must warn them about dangers you already know about. You do not have to inspect your property for hidden issues or guarantee that everything is perfectly safe.
So, if you know there’s a loose step, a deep crack, or an electrical cord stretched across a dark walkway, the law expects you to fix it, warn others about, or make it obvious. If the danger is something anyone could clearly see, like a bright orange extension cord or a big inflatable blocking the path, Ohio law generally says you are not responsible for injuries that result from that kind of “open and obvious” hazard.
Not everyone participates in trick-or-treat, and that’s fine. If your porch light is off and you’re not handing out candy, most cities and neighborhoods treat that as a clear signal that you’re not inviting visitors.
Under Ohio law, someone who walks onto your property anyway might not count as a licensee (a guest with permission) but instead as a trespasser. Homeowners owe very little duty to trespassers, mainly, not to intentionally cause harm. You don’t have to light your walkways or fix hazards for people you haven’t invited.
That said, if your home is dark, consider keeping pathways clear just in case a stray visitor wanders up. A simple porch light or small sign can help avoid any confusion!
Halloween is a great time for creativity, but it also brings some common risks around the home. A few to keep in mind include:
Extension cords across sidewalks or driveways
Decorations or inflatables blocking pathways
Hidden stakes or tie-downs in the grass
Poor lighting on steps or uneven pavement
Wet leaves making surfaces slippery
You don’t have to turn your yard into a safety zone, but a little extra awareness goes a long way. If you’re setting up decorations, think about how kids and parents will move through your yard in the dark, especially with masks and costumes that can limit visibility.
If someone does get hurt, your homeowners insurance usually includes liability coverage for injuries that happen on your property. This coverage can help pay for medical bills or legal expenses, but only if you weren’t reckless or intentionally ignoring a known danger.
It’s a good idea to review your policy before the holiday season to make sure your coverage is up to date and that you understand your deductible and limits.
A few quick safety steps can make a big difference:
Keep cords and decorations away from main walkways or tape them down securely.
Add lighting along paths and steps so visitors can see where they’re walking.
Clear away wet leaves or debris before trick-or-treat starts.
Repair or clearly mark any cracked or uneven areas where someone could trip.
Keep pets safely inside or restrained so no one gets startled, scratched, or worse, bitten.
Halloween should be fun for everyone, whether you’re handing out candy, walking the neighborhood, or showing off your front yard display. A few minutes of planning can help prevent accidents and keep the focus on the fun.
So go ahead and fire up that inflatable pumpkin and plug in those lights. Just take a quick look at your cords, paths, and steps before the big night to make sure everything is safe for your little visitors.
This post is for general informational purposes only and is not legal advice. Every situation is different, and laws can change. If you have specific questions about liability or injury claims in Ohio, you should speak with a qualified attorney.