Halloween in Wisconsin: Liability
Halloween in Wisconsin is a beloved tradition — costume parties, trick-or-treating, bonfires, haunted trails, and community events take over neighborhoods across the state. But with all the fun comes an unfortunate reality: Halloween consistently ranks as one of the most dangerous nights of the year for accidents and injuries. Between increased foot traffic, dim lighting, excited children, and sometimes questionable adult decisions, the risk of injuries — and potential legal liability — rises sharply.
Understanding how Wisconsin personal injury law applies to Halloween-related incidents can help homeowners, drivers, and parents stay safe and avoid costly legal trouble.
Premises Liability: Responsibilities of Homeowners
In Wisconsin, homeowners owe a duty of reasonable care to people on their property — including trick-or-treaters. On Halloween, that duty becomes even more important because children are coming onto your property specifically to receive candy.
Common homeowner hazards that can lead to injury — and legal liability — include:
Poorly lit walkways
Uneven or broken steps
Slippery leaves or early frost
Decorations that cause tripping or entanglement
Electrical cords crossing sidewalks
Dog bites or animal attacks
If a child or adult is injured on a homeowner’s property due to unsafe conditions, the homeowner may be held legally responsible under Wisconsin’s premises liability laws.
How to reduce risk:
Clear walkways, turn on lights, remove tripping hazards, secure pets, and make sure decorations don’t block stairs or paths.
Dog Bite Liability on Halloween
Halloween can be stressful for pets — constant doorbell ringing, costumes, and unfamiliar faces. In Wisconsin, dog owners face strict liability for injuries caused by their dogs. This means homeowners can be held responsible even if the dog has no history of aggression.
If a dog bites a trick-or-treater, the injured person may seek compensation for medical bills, pain and suffering, and any lasting injuries.
Prevention: keep pets in a separate room or behind a secure barrier during high-traffic trick-or-treat hours.
Car Accidents & Pedestrian Injuries
Halloween pedestrian accidents spike nationwide, and Wisconsin is no exception. Children often dart between houses, costumes may limit visibility, and drivers may struggle to see dark clothing at dusk.
Under Wisconsin law, drivers have a duty to operate their vehicles with reasonable care, which means slowing down, staying alert, and anticipating pedestrian activity. Drivers who speed, fail to yield, or drive distracted during trick-or-treat hours may be held liable for resulting injuries.
Even partial fault matters — because Wisconsin follows modified comparative negligence, an injured person can recover damages as long as they are less than 51% responsible for the accident.
Haunted Attractions & Event Liability
Whether it’s a backyard haunted house or a commercial attraction, hosts can be liable if unsafe conditions cause injuries. Common risks include:
Faulty props
Wet or slippery floors
Inadequate lighting
Panic-related injuries
Unsafe emergency exits
Event operators must maintain safe conditions and warn visitors about inherent risks.
If you, or someone you know has been wrongfully injured, contact Buss Law, LLC today for a FREE consultation!
INJURED? “DON’T FUSS, CALL BUSS!”
CALL (414) 246-1000 TODAY!
