Kids cavorting carelessly across your property. Playful pranks that become acts of vandalism. Party guests over do it.

Halloween's ghoulish activities can be scary.

Before you put out the Halloween treats and deck the walls with the specters of the season, the trick is to make sure your home is safe and that your homeowners insurance policy will cover any claims that might arise from the season's spirited activities.

Legal experts say your primary concern should be trick-or-treating kids and their safety.

Despite the holiday urge to create a darkened atmosphere for the fun of playful fear, your property really should be well lighted.

Not only will that help keep kids safe, but it will also remove the cover of darkness vandals seek in any season.

Make sure your walks, driveways and pathways are clear of debris, leaves, garden equipment and decorations that could inhibit safe passage.

If, during trick-or-treating, a pumpkin or other gourd gets smashed, quickly clean up the slippery, slimy goo.

Swimming pool owners should secure the pool cover, lock access gates and turn on the pool lights.

If after all your efforts to maintain a safe property, a tyke is injured, you may be held liable if you were negligent about the upkeep of your property.

Liability

Most homeowners policies have medical payments coverage, which pays up to a specified amount for emergency medical treatment, typically $5,000, up to $10,000. The medial payment portion may also cover you if someone gets sick, say from a candy-coated apple or other treat you made at home.

Ask your agent if you have enough coverage.

You policy also has liability coverage ranging from $100,000 to $1 million or more, but in order for that coverage to be triggered, you must be found negligent. If the case involves a child, the burden of proof will be on you to prove you weren't negligent because, by law, kids are not considered competent.

The Insurance Information Institute says most homeowners policies come with a standard $100,000 of liability coverage. Discuss the amount with your insurance agent to determine if your coverage is sufficient. You should have enough to cover the value of your assets.

If a single insurer writes both your home and auto policy, the least expensive way to increase liability coverage is to purchase an umbrella policy. For a few hundred dollars a year, up to $1 million of coverage applies to both your auto and homeowners coverage.

You could face other liabilities if you throw a party, a guest drinks too much and, on his or her way home, crashes the car.

In some areas, laws or legal precedent can hold a party host responsible for injuries or property damage caused by an inebriated guest leaving a party. You could be legally responsible for medical bills, vehicle repairs, lost work time and wrongful death claims.

Check with your insurer and your local law enforcement authorities to determine your liability and insurance coverage.

Vandalism

Halloween pranks that become vandalism and cause permanent damage to your home, say broken windows and spray painted siding, is covered by the property protection portion of your policy. Remember, you'll have to pay a deductible and often such claims don't exceed that $250 to $500 amount or more.

Report the crime to the police. Depending upon the laws where you life, if the bad boys or girls are caught, your insurer can seek damages from the culprits or their insurance company.

Your local laws will also tell you who is liable if your kids vandalize someone else's home. In many states, parents are considered liable for their minor kids' behavior and most homeowners policies do not cover crime or intentional acts of vandalism.

If a trick-or-treater gets rowdy, use care and only as much force as necessary to get the person to leave. If you use excessive force and inadvertently break a limb, your homeowner's policy may or may not cover you.

Ask your local police department how to handle Halloween hooligans.

Safety tips

The Insurance Information Institute offers the following tips for a safe Halloween.

• 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 and add reflective tape to costumes.
• Avoid loose-fitting costumes that could cause a child to trip and fall.
• Small children should have their names and addresses attached to their costumes.
• An adult should accompany young trick-or-treaters and older trick-or-treaters should travel with a buddy or in groups.
• Go over 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 darkened 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.
• 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.

NOTE: This article was originally published by Realty Times on October 18, 2001

Published: October 31, 2002

Use of this article without permission is a violation of federal copyright laws.

Broderick Perkins parlayed a career in old-school journalism into a contemporary digital news service that really hits home. The award-winning consumer journalist, originally from Wilmington, DE, is founder, publisher and executive editor of the bootstrap DeadlineNews Group, a Silicon Valley-based editorial content and consulting service specializing in residential real estate, consumer news and related editorial consulting services. The DeadlineNews Group includes the website, DeadlineNews.com, offering real estate editorial content and consulting services, and its back shop, the Deadline Newsroom, an open house on news that really hits home. Perkins obtained his formal journalism education from University of Delaware and a journalism boot camp, the Institute of Journalism Education at the University of California-Berkeley. He went on to 20 years of service as a daily newspaper journalist at the Wilmington, DE News Journal and San Jose, CA Mercury News. Perkins covered housing on the San Jose Mercury News reporting team which earned a General News Reporting Pulitzer Prize in 1989 for coverage of the Loma Prieta earthquake. He has also produced real estate, consumer and small business content for the Wall Street Journal, Los Angeles Times, RealtyTimes.com, Nolo.com, Better Homes and Gardens, the National Association of Realtors, Homestore/Move and Intuit/Quicken among more than three dozen publications. In addition to managing the DeadlineNews Group, Perkins most recently served as chief editorial consultant for Nolo's Essential Guide To Buying Your First Home, Nolo, and writes real estate television scripts for RealtyTimes.com.