[FutureFiyero]

Hey there.

I'm curious if anyone has ever had a haunt or walk-through on their property and have felt that they needed to protect themselves, legally. How did you go about it? Did you need to pay someone or talk to your homeowners insurance about this? Or was there a simpler solution?
Or did you just ignore it and hope for the best?

So far I'm thinking about having everyone who enters read a posted "YOU ARE LIABLE" thing-a-majig, or having people sign a contract before entering.

Let me know your thoughts.

Send help.
SOS

 

[HalloweenKitten]

The best advice I can give is contact your Homeowner's Insurance. Many times they can offer a little bit extra protection for a very short time frame. You will have to post signs and make 'extra' sure there is no tripping hazards. Realize that even if you take all precautions (extra insurance, signs, waivers, etc.) you could still end up in court if someone falls down or bumps into something on your property. People are generally good and not out to sue people, but it does happen on occasion. Just make smart decisions and have fun on Halloween.

 

[BarryJ]

I wouldn't put much faith in a "a you are liable" sign or any type of contract you might put together. First of all, a good number of the people going through your walk probably will be unaccompanied minors who can't enter into binding agreements.

Call your insurance agent. They can tell you if you're covered or offer to sell you a rider a for the night.

 

[FutureFiyero]

The best advice I can give is contact your Homeowner's Insurance. Many times they can offer a little bit extra protection for a very short time frame. You will have to post signs and make 'extra' sure there is no tripping hazards. Realize that even if you take all precautions (extra insurance, signs, waivers, etc.) you could still end up in court if someone falls down or bumps into something on your property. People are generally good and not out to sue people, but it does happen on occasion. Just make smart decisions and have fun on Halloween.

Good idea. thank you!

 

[FutureFiyero]

I wouldn't put much faith in a "a you are liable" sign or any type of contract you might put together. First of all, a good number of the people going through your walk probably will be unaccompanied minors who can't enter into binding agreements.

Call your insurance agent. They can tell you if you're covered or offer to sell you a rider a for the night.

Thanks for your insight! Definitely calling my agent later today.

 

[Madame Leota]

The fact is, whether or not you have a disclaimer, you can still be held responsible for any injuries sustained on your property. You have to decide it it's worth the risk.

 

[FutureFiyero]

The fact is, whether or not you have a disclaimer, you can still be held responsible for any injuries sustained on your property. You have to decide it it's worth the risk.

Definitely something to think about.
Thank you.

The struggles of wanting the most perfect Halloween, huh?

 

[partywiththedead]

Just do some research on personal injuries inside another person's home and that will probably give you a good idea as to how insurance goes about it. I've read about neighborhood kids sneaking into somebody's pool, a kid drowns, and all of a sudden the homeowner is wrapped up in lawsuits over it. So I would imagine that actually inviting somebody into your home might put a greater liability on you as the homeowner as opposed to not.

 

[RCIAG]

Every county & state is different & it may depend on whether or not you charge an entry fee. Check with the local fire marshall too.

 

[Ugly Joe]

Something else to keep in mind about putting on a home haunt, if you ask for any kind of compensation (whether it be a charge to go through, a donation to a charity, or just a can of food or whatever), your homeowners insurance may have a loophole to not pay out, as you could be considered a profit or not-for-profit commercial venture.

There's been a lot of controversy on these forums about this in the past, but the general consensus seems to be "take nothing as compensation or donation" if you don't want to run afoul of your insurance company.

 

[Scatterbrains]

Even if you don't have a walkthru, you are still inviting people to your house if you leave the light on and hand out candy....
Also don't go chasing kids down the street with a chainsaw... they fall, you pay and I doubt insurance will cover that one.

 

[FutureFiyero]

Just do some research on personal injuries inside another person's home and that will probably give you a good idea as to how insurance goes about it. I've read about neighborhood kids sneaking into somebody's pool, a kid drowns, and all of a sudden the homeowner is wrapped up in lawsuits over it. So I would imagine that actually inviting somebody into your home might put a greater liability on you as the homeowner as opposed to not.

Thank you for your response! It is definitely risky but I'll have to do all I can do to prevent any mishaps.

 

[FutureFiyero]

Every county & state is different & it may depend on whether or not you charge an entry fee. Check with the local fire marshall too.

I'm in great New York, where there is a law against everything! haha. Especially my county.

 

[FutureFiyero]

Something else to keep in mind about putting on a home haunt, if you ask for any kind of compensation (whether it be a charge to go through, a donation to a charity, or just a can of food or whatever), your homeowners insurance may have a loophole to not pay out, as you could be considered a profit or not-for-profit commercial venture.

There's been a lot of controversy on these forums about this in the past, but the general consensus seems to be "take nothing as compensation or donation" if you don't want to run afoul of your insurance company.

I will definitely check with my insurance agent, as I most certainly am not going to ask for money or donations or anything. All in good spirit for the trick or treaters and their family members!
Thanks for bringing attention to that!

 

[FutureFiyero]

Even if you don't have a walkthru, you are still inviting people to your house if you leave the light on and hand out candy....
Also don't go chasing kids down the street with a chainsaw... they fall, you pay and I doubt insurance will cover that one.

I get it.
As long as someone sets (invited) foot on my property, I am responsible for any damage to said person.
Guess I'll have to throw the chainsaw back in the shed.