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The Basics
Six frightful scenarios for a scary Halloween

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All those ghosts and goblins coming to your door can be a real treat. But the trick could be on you. Without proper care, you could find yourself booed by a hooligan or sued by a ghoul.

 By Insure.com

You've spent weeks preparing for Halloween. Pumpkins are carved. Bowls of candy sit near the front door. Costumes are assembled.

Are you really ready? What happens if a child falls on your walk and sues you for medical costs? Are you liable? What if your house is vandalized? What does your homeowners insurance cover? What isn't covered?

A lot depends on the variables -- what state you live in, what kind of coverage you have, who your carrier is. Here are some hypothetical situations that might give you a better idea of what kind of coverage your homeowners policy offers.

Scenario 1:
Your 8-year-old next-door neighbor cuts across your front lawn and trips -- maybe on leaves, or her own feet. It's unclear, because it's dark outside. She falls and breaks an arm. Are you liable? Will you have to pick up the tab for her hospital bills? Are you covered?
$100? $200?
$300?

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Most homeowners policies have medical-payments coverage, which will pay up to a specified amount for emergency medical treatment, usually about $5,000, sometimes up to $10,000.

You may be held liable. In the eyes of the law, she is not competent because she is a child. Homeowners must take every precaution to keep children from getting hurt.

You are covered under the liability portion of standard homeowners policies. Liability can range from about $100,000 to more than $1 million. In order for that coverage to be triggered, the homeowner must be found negligent. Because she is a child, the burden would be on you to prove you weren't negligent.

Scenario 2:
A crowd of pint-sized ghouls and goblins gathers on your porch steps. One of the little monsters starts pushing to the front. The rest push back at her. She falls off the porch and breaks a wrist. Are you at fault? Are you liable? Are you covered?

As with the first scenario, the question of whether you are liable is tilted in the tiny trick-or-treater's favor because she is a child. Did you do everything possible to prevent the accident? Did you set up a line? Does your porch have railings? The burden is on you to prove you weren't at fault. If you are found liable, most homeowners policies will cover you.

Also, determine whether you have enough liability coverage. You want to have enough to cover the value of your assets. Most basic homeowners policies come with about $100,000 of liability coverage, according to the Insurance Information Institute (III). Discuss the amount with your insurance agent and accountant to see whether that is enough.

If you have your homeowners and auto policy with the same company, purchasing an umbrella policy is the easiest and least expensive way to increase your liability coverage. For about $200 to $300 a year, you can get up to $1 million or more of coverage. This additional protection applies to your auto and homeowners coverage.

Scenario 3:
Neighborhood kids celebrate Halloween by trashing your house. Their arsenal includes eggs, black spray paint, stink bombs and rolls of toilet paper. Are you covered for the repair of any damages and the cleanup?

Most homeowners policies cover vandalism. Figure out whether the damage is more than your deductible. Or was there more nuisance than damage?

If the culprits are caught, your insurance company could seek payment for damages from them or their insurance companies, under a practice called subrogation. Whether your insurer decides to do this depends on the state in which you live and the circumstances of the vandalism.

Scenario 4:
You throw a big bash and an intoxicated guest crashes his or her car on the way home. Are you liable?

Maybe. Many states have laws or legal precedent that hold a host responsible for any injuries or property damage done by a guest who has left a party after consuming too much alcohol. A party host can be held responsible for payment of medical bills, vehicle repairs, lost time from work and claims for a wrongful death, which can result in huge monetary settlements.

Scenario 5:
On Halloween night, police catch your 12-year-old son and his friends pelting a house with rocks. Windows are broken. Would you be held liable for your son's actions? Are you covered?

Whether you are held liable depends on the laws of your state. In some states, parents are considered liable for the actions of their resident minor children. Most homeowners policies do not cover intentional acts that inflict injury on someone else, explains the institute. Policies typically cover an accidental act, such as giving out a caramel apple that makes a trick-or-treater sick.

Scenario 6:
A local hooligan saunters onto your property. You kick him off your property, using unreasonable force, and his leg is broken.

If that is found to be an intentional act involving excessive force, it's possible your homeowners policy would not cover you. The courts also might take into consideration that, by turning on the lights and handing out candy, you extended an open invitation to your property. You can ask someone to leave your property, but do it carefully and use only as much force as is necessary to get the person to leave.

Tips
Usually a treat for children, Halloween also poses special dangers. The number of deaths among young pedestrians has been four times higher on Halloween evening compared with the same hours studied on all other evenings of the year, according to the Centers for Disease Control and Prevention (CDC). Falls are a leading cause of injuries among children on Halloween. With those scary stats in mind, here are tips from the American Academy of Pediatrics, the National Safety Council, and the CDC to make Halloween safer:
  • Use face paints instead of masks.
  • Require children to wear comfortable shoes and dress appropriately for weather conditions.
  • Avoid costume accessories, such as knives, swords, broom handles and wands that could cause harm.
  • Avoid loose-fitting costumes that could cause a child to trip and fall.
  • Add reflective tape to costumes.
  • Small children should have their names and addresses attached to their costumes.
  • An adult should accompany young trick-or-treaters.
  • Cover safety rules with kids before allowing them to go trick-or-treating.
  • Set a trick-or-treating route and stick with it.
  • Remind kids to visit homes familiar to them or you, and don't approach unlit homes.
  • Provide kids with small, battery-powered flashlights.
  • Stay on sidewalks and avoid crossing yards.
  • Cross streets at the corner, use crosswalks (where they exist) and do not cross between parked cars.
  • Drivers, slow down. Watch for children in the street and on medians. Exit driveways and alleyways carefully.
  • Inspect all Halloween treats before children start feasting.
  • Discard any food that is not in its original and undamaged wrapper.
  • Keep homemade food only if you know who prepared it.


How to avoid a frightful Halloween

  • Turn on all outside lights. Leave them on all night to deter vandalism.
  • Make sure walks and pathways are clear of debris, leaves, garden equipment and lawn decorations.
  • Repair walkways, railings and steps leading to your home.
  • If your pumpkin gets smashed on your sidewalk, clean up all the slippery goo.
  • Move cars, bikes, planters, sprinklers and other items into a locked garage or inside the house to deter theft or vandalism.
  • Swimming pool owners, be sure the pool cover is secure, gates are locked and lights are on around the pool area.


Fending off fire hazards
Decorations for special events, most often candles, account for an average of 800 home fires each year, causing nearly $4 million in direct property damage. And more than 100 Americans die each year as a result of their clothing becoming ignited. Avoid being one of those statistics. Here are some fire safety tips:
  • Avoid decorating with candles. Use small flashlights.
  • Keep crepe paper and other party decorations away from heat sources, including light bulbs.
  • Remember that dried flowers and cornstalks are highly flammable.
  • Use flame-retardant costumes.
  • Keep exits clear.
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