Spook don't sue: The hidden Halloween laws that could land you in hot water
With Halloween in full swing, many Australians are transforming their homes into haunted houses - but lawyers are warning that some spooky setups could end up being more trouble than treat.
According to Avinash Singh, Principal Lawyer at Astor Legal, even the most innocent-looking Halloween displays can cross legal boundaries if they pose a danger to trick-or-treaters or the public.
"There are two ways a homeowner can be held legally liable if someone is injured due to their Halloween display," Singh said.
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By continuing you agree to our Terms and Privacy Policy."The first is a civil action, such as negligence, where the injured person can sue the homeowner. The second is through criminal charges."
While criminal charges are rare, Singh warns they can apply in cases where the decorations or displays pose a serious risk of harm, such as traps, devices, or features that could cause injury or extreme fright leading to a fall.
The "setting traps" law, yes, it's real
Across Australia, every state and territory has laws criminalising what's known as "setting traps" - and the penalties are far from child's play.
NSW: Section 49 of the Crimes Act 1900 (NSW) makes it an offence to place or permit any trap or device capable of causing grievous bodily harm, carrying a maximum penalty of five years' imprisonment.
Victoria: Under Section 26 of the Crimes Act 1958 (Vic), it's an offence to set a trap intending or being reckless as to whether it causes serious injury - punishable by up to10 years in jail.
Queensland: Section 327 of the Criminal Code 1899 (Qld) covers "spring guns or mantraps" and carries a three-year maximum penalty.
Western Australia: Section 305 of the Criminal Code Compilation Act 1913 (WA) makes it an offence to set any dangerous thing that may endanger life or safety, with a three-year jail term.
Tasmania: The harshest penalty applies here - under Section 179 of the Criminal Code 1924 (Tas), setting or allowing any device likely to cause death or serious injury can attract up to 21 years in prison.
Even decorations that aren't designed to hurt anyone could still land you in legal trouble if they cause injury.
"If there's a risk of potential harm through a display, then homeowners should think carefully before putting it on their property," Singh said.
"Even a display that causes someone to fall out of fear could result in civil and criminal action."
Don't rely on insurance to save you
If something does go wrong, your home insurance likely won't protect you. Singh confirms there's no specific insurance coverage for injuries caused to the public during a Halloween display.
That means homeowners could be left footing the bill for medical costs, damages, or even legal fees, a scary thought in itself.
As hundreds of Aussie kids take to the streets tonight in search of lollies, Singh's advice is simple: keep your Halloween displays fun, but safe.
"Make sure pathways are well-lit and clear of hazards, avoid anything that could startle people into falling, and never use items that could physically harm someone," he said.
Because when it comes to Halloween, the real fright shouldn't come from a knock at the door, it should stay where it belongs: in the decorations.
Originally published as Spook don't sue: The hidden Halloween laws that could land you in hot water
