Is Halloween Dangerous? A Guide to Staying Safe & Legal Liability After an Injury

By Yosi Yahoudai Founder and Managing Partner

September 26, 2025

Personal Injury

Halloween is supposed to be full of fun, costumes, and candy. But the risks of serious injuries are still lurking. Increased pedestrian activity, dim lighting, and distractions make October 31st one of the most hazardous nights of the year. 

According to the Children’s Safety Network, pedestrian deaths are more than twice as likely on Halloween compared to other nights of the year. Another study published in JAMA Pediatrics found a 43% higher risk of pedestrian fatalities for children on Halloween compared to other days. 

If you or a loved one is injured from a fall, trip, vehicle incident, or in a haunted attraction, knowing your rights can be just as important as immediate medical care. Here’s how to stay safe this Halloween and what to do if something goes wrong. 

What Are the Most Common Halloween Injuries?

• Trips and falls: Uneven sidewalks, slippery decorations, and costume pieces trailing on the ground. The National Safety Council (NSC) reports that falls are the leading cause of Halloween-related injuries, making up over half of emergency room visits. 

• Lacerations and puncture wounds: Pumpkin carving accidents account for thousands of injuries each year. The U.S. Consumer Product Safety Commission estimates that over 2,000 carving-related injuries occur every October. 

• Pedestrian accidents: Darkness, distracted walking, and drivers who aren’t paying attention make trick-or-treating especially dangerous. A Safe Kids Worldwide study found that only 18% of parents use reflective tape or lights on their children’s costumes, despite the elevated risks. 

• Costume hazards: Masks that restrict vision, costumes that snag, or flammable fabrics near candles and jack-o’-lanterns. 

• Dog bites or startled pets: According to the American Veterinary Medical Association, Halloween is among the top three days of the year for pet-related emergencies. Costumes and crowds can easily terrify animals. 

• Burns or fires: Candles inside pumpkins, open flames, or faulty decorative lighting. The National Fire Protection Association warns that Halloween decorations are involved in an average of 770 house fires annually. 

“As a personal injury attorney – and more importantly, as a dad walking the same dark sidewalks with my kids – I’ve seen firsthand how fast a fun night can turn serious,” says Stephen Lockard, Litigation Attorney at J&Y Law. “Drivers don’t expect darting kids in costume. Property owners forget about cracked pavement or dim porch lights. It doesn’t take malice to cause harm. All it takes is one moment of negligence or one lazy decision. 

How Can Property Owners Reduce Halloween Risks?

If you’re welcoming trick-or-treaters, haunted attraction visitors, or party guests, these steps reduce both risk and liability: 

• Repair cracks, uneven walkways, loose stones, or steps before October 31st. 

• Provide bright lighting along paths, steps, and transitions. 

• Remove hazards like extension cords, decorations in walkways, or unstable props. 

• Use battery-powered lights in jack-o’-lanterns instead of candles. 

• Post warnings or barriers around steep steps or drop-offs. 

• Secure pets indoors and away from guests. 

• Add handrails or non-slip mats in areas where moisture gathers. 

Under California premises liability law, homeowners and operators must use reasonable care to protect guests, and that includes trick-or-treaters. If hazards are obvious yet uncorrected, liability may follow. 

What Should You Do Immediately After a Halloween-Related Injury?

If you trip, fall, or are hurt on someone else’s property: 

1. Get medical attention immediately. Even minor injuries can worsen. 
2. Document everything. Take photos of hazards, lighting, and surroundings. Record dates and times. 
3. Report the incident in writing. Notify the property owner or operator. 
4. Preserve evidence. Keep costumes, props, or shoes involved. 
5. Get witness information. Names, contact info, or video footage if available. 
6. Avoid early admissions of fault. Liability can be complex, so let the professionals assess. 
7. Consult an attorney early. They can send preservation notices, evaluate claims, and protect your rights. 

Does Signing a Waiver in a Haunted House Eliminate Your Rights?

Not always. While haunted attractions often require waivers, they aren’t all-powerful: 

• They don’t protect against gross negligence, recklessness, or intentional misconduct. 

• If an operator knew of a dangerous condition and ignored it, the waiver may not apply. 

• Courts sometimes refuse to enforce waiver clauses that are overbroad or unconscionable under California law. 

A waiver may complicate your case, but it doesn’t always end it. 

How Can Families Reduce Risk Before Halloween?

• Use flame-resistant costumes and keep them short enough to avoid tripping. 

• Add reflective tape, glow sticks, or lighted accessories. 

• Walk in groups, stay on sidewalks, and cross only at designated spots. 

• Swap masks for face paint to improve visibility. 

• Monitor pets closely. As the dog owner, you are legally responsible if your pet bites someone. 

• In haunted houses, stay on marked paths, follow rules, and avoid rushing in darkness. 

Can Halloween Injuries Lead to Legal Claims?

Yes. If your injury is the result of someone else’s negligence, legal action may be possible. Examples include: 

• A homeowner failed to fix a cracked sidewalk, leading to a broken wrist. 

• A haunted attraction used unstable fixtures that collapsed. 

• A property owner ignored hazards like unlit steps or unsecured pets. 

Compensation may cover medical costs, pain and suffering, lost wages, or modifications to your home. Even if you signed a waiver,  a personal injury attorney near you could determine whether your rights remain intact. 

“Nobody wants to call a lawyer after a night of candy and capes,” admits Lockard. “But I’ve worked with families whose lives are upended by injuries that never should’ve happened. You can’t bubble wrap your kids, but you can demand accountability when someone else’s carelessness ruins the night.” 

Stay Safe and Remember Your Rights on Halloween

Halloween should be about fun, not emergency room visits. By inspecting your route, correcting hazards, and staying alert, you reduce the risk of accidents. But if an injury happens despite your best efforts, don’t assume a waiver or quick settlement is your only option. 

At J&Y Law, we handle Halloween injury cases on a contingency basis. That means you pay nothing unless we win. We want families to focus on healing while we take care of the legal side of things, from gathering evidence to negotiating with insurers. 

If you or a loved one was hurt on Halloween night – trick-or-treating, visiting a haunted house, or on someone else’s property – reach out today. We’re here to protect your rights, hold negligent parties accountable, and help you recover the compensation you deserve.