Carved pumpkins glowing with candles are a classic Halloween sight, but they also pose a serious fire hazard. Each year, Halloween decorations and candles cause hundreds of fires nationwide, resulting in burns, property damage, and even deaths. Understanding the legal implications of these hazards can help both homeowners and injury victims protect themselves.
Why Jack-o’-Lanterns and Candles Are Risky
Halloween decorations often combine flammable materials—dried cornstalks, paper decorations, costumes—with open flames from candles. Common risks include:
- Tipped-over candles inside pumpkins igniting porch decorations.
- Poorly placed jack-o’-lanterns on stairs or near doorways where costumes brush against flames.
- Crowded party areas with candles left unattended.
- Flammable costumes catching fire while guests are trick-or-treating.
Homeowner Responsibility
In Florida, homeowners who decorate for Halloween have a duty of care to keep their property reasonably safe for guests and trick-or-treaters. This means:
- Using battery-operated candles or LED lights instead of open flames.
- Placing pumpkins away from walkways and doorways.
- Supervising lit decorations at parties.
- Keeping fire extinguishers accessible.
If a visitor is burned or a costume catches fire because of negligent placement of candles or jack-o’-lanterns, the homeowner may be held liable under premises liability law.
Product Liability for Defective Decorations
Sometimes the hazard isn’t the homeowner’s fault. If a jack-o’-lantern candle holder or decorative light malfunctions and starts a fire, the manufacturer or retailer could be liable under Florida’s product liability laws. Victims don’t have to prove negligence—only that the product was defective and caused harm.
Common Injuries from Halloween Fires
- Burns and scarring, especially on children wearing costumes.
- Smoke inhalation or respiratory injuries.
- Property damage to homes or neighboring houses.
- Wrongful death in severe cases.
Steps to Take After a Fire-Related Injury
- Seek immediate medical attention and keep all treatment records.
- Document the scene with photos of the decorations and hazard.
- Preserve evidence, such as defective products or burned items.
- Report the incident to homeowners or event organizers.
- Consult a personal injury attorney to review your case.
How Darfoor Law Firm Can Help
At Darfoor Law, we handle both premises liability and product liability cases arising from holiday-related injuries. Whether your injury was caused by a negligent homeowner or a defective decoration, we’ll investigate thoroughly and fight for maximum compensation.
If you or your child suffered burns from Halloween decorations or candles, contact Darfoor Law today for a free consultation.
