NO TRICKS, JUST TREATS: WHAT HAPPENS IF YOU’RE INJURED ON HALLOWEEN IN NEW YORK?
By The Klein & Cardali Law Group, PLLC - October 30th, 2026
Who Is Responsible For Trick-Or-Treating Injuries?
It’s that time of year again. The days are growing shorter, the nights are getting darker, and somewhere in the distance a wolf howls at the full moon. It’s Spooky Season – and nobody celebrates Halloween quite like New York. The city goes all out with creative costumes, immersive decorations, and unforgettable parties. But the highlight of every great Halloween night is the timeless tradition of trick-or-treating. Odds are you’re thinking about the haul of candy your child will collect, not the risk of serious injury on a neighbor’s property. Let’s now look at how liability works on what can be a tricky night.
Many New Yorkers embrace the Halloween spirit by transforming their storefronts, homes, and apartments into their own slice of spooky fun. From flashing lights to smoke machines to animatronic skeletons, these entertaining decorations make trick-or-treating a lasting memory. But these attractions are not exempt from liability laws and could be all trick and no treat if not properly maintained.
Halloween has seen its fair share of injuries over the years. Poor lighting, loose extension cords, dark corridors, and unsecured decorations are just some of the ways a fun evening can turn dangerous. If you or your child were injured while trick-or-treating, you should contact an attorney who knows the law, as you may need their assistance to help prove that the owner of the property had prior notice of the hazard or created the danger themselves.
Haunted Houses Can Be A Real Scare
The haunted house, another Halloween staple, is a favorite for kids and adults alike. These immersive attractions blur the line between reality and illusion and can create memories that last for years. And while it is reasonable to expect a jump scare when some ghoulish creature lurking in the shadows pops out at you – you don’t expect to carry those frights home with you in the form of a painful injury.
In October 2024, a haunted house in Queens known as “A Haunting in Hollis,” was shut down after at least five people were injured. The FDNY even labeled the house as a “death trap.” It featured a dark, two-story slide called “Satan’s Slope,” which caused many of the injuries before the closure. One victim fractured both ankles when she hit a concrete wall at the bottom of the slide. She required major surgery with pins, screws, and rods to repair her injuries.
Before entering a haunted house, you may be asked to sign a waiver for yourself or your child. These waivers often appear to shield the owners from any legal responsibility should you suffer an injury. But these waivers are not always a free pass for liability. Under New York Law, attractions that charge admission generally cannot use waivers to escape responsibility for their own negligence. If you have been hurt in a haunted house or by an interactive Halloween experience – even if you signed a waiver – consult an attorney to discuss your potential legal action.
Streets Can Be A Fright For Pedestrians On Halloween Night
An unfortunate incident occurred on October 29th when a suspected drunk driver careened into the sidewalk at a “Trunk or Treat” celebration outside the NYPD 83rd precinct in Bushwick, New York. The 53-year-old man drove his black sedan onto the sidewalk of Bleecker Avenue and hit innocent bystanders before colliding with an ambulance. Three adults and three children were taken to local hospitals, and all are listed in stable condition for now. This incident shows that even a Halloween event hosted by the New York City Police Department is not necessarily safe from potential dangers.
We hope everyone has a fun and exciting Halloween. But do be aware that, unfortunately, injuries can happen. If you believe you have been a victim of someone else’s negligence on Halloween, give us a call today for a free consultation.
