Hurt While Trick-or-Treating in New York City? Who May Be Responsible

Halloween falls on a Saturday this year, and children will be out on New York City sidewalks from the afternoon into the evening. On September 30, 2026, the City announced "a record 160 car-free Open Streets and plazas across the five boroughs" for this year's Trick-or-Streets program (NYC Mayor's Office). Outside those streets, children will be crossing ordinary streets, climbing stoops, and walking past driveways, often in dark costumes and after sunset.

There is some good news. On October 2, 2026, the city's Department of Transportation reported pedestrian deaths so far this year are "down 15% from the same point in 2025" (NYC DOT). But one careless moment is all it takes. If a child is hurt on Halloween, here is how New York law looks at who may be responsible.

Drivers Must Watch for Pedestrians

Every driver in New York must "exercise due care to avoid colliding with any bicyclist, pedestrian, or domestic animal upon any roadway and shall give warning by sounding the horn when necessary" (Vehicle and Traffic Law § 1146(a)). Where there are no working traffic signals, a driver must yield to a pedestrian crossing in a crosswalk, "slowing down or stopping if need be to so yield" (Vehicle and Traffic Law § 1151(a)).

Fault in a pedestrian crash depends on the facts: what the driver could see, how fast the car was going, and where the child was crossing. That matters even more now. For lawsuits started on or after May 26, 2026, a person found more at fault than the people he or she sues in a motor vehicle case recovers nothing (CPLR 1411(b)). Our posts on how courts determine fault in pedestrian cases and New York's 2026 changes for motor vehicle injury cases explain more.

The law also looks at a child's conduct differently than an adult's. A very young child cannot be found at fault at all: an appeals court has held, for example, that children two and three years old were too young, as a matter of law, to be charged with fault (M.F. v Delaney, 37 AD3d 1103 [4th Dept 2007]). An older child is measured against what may reasonably be expected of a child of the same age, experience, intelligence, and capacity, not against an adult (Gonzalez v Medina, 69 AD2d 14 [1st Dept 1979]). And a parent's carelessness is not held against the child: in a child's injury case, a parent's negligence "shall not be imputed to the infant" (General Obligations Law § 3-111). Because the 2026 rule applies only to lawsuits started on or after May 26, 2026, we have found no appeals court decision yet applying it, to a child or anyone else, so how courts will apply it in a child's case remains to be seen.

A pedestrian hit by a car files a No-Fault claim for medical bills and lost earnings with the insurer of "the car that struck you," according to the Department of Financial Services (see Insurance Law § 5103(a)(1)). Written notice is due within 30 days of the accident (11 NYCRR 65-1.1).

Stoops, Steps, and Walkways

A homeowner who welcomes trick-or-treaters to the door has the same basic duty as any property owner. As one appeals court put it, "[l]andowners have a duty to maintain their premises in a reasonably safe condition to prevent foreseeable injuries" (Hornung v City of New York, 230 AD3d 659 [2d Dept 2024]).

A broken step, a loose railing, or a decoration cord strung across a dark walkway can all cause a fall. Whether the owner is responsible can turn on notice. When an owner asks a court to dismiss a case before trial, the owner must show "that it did not create the allegedly dangerous condition or have actual or constructive notice of its existence for a sufficient length of time to have discovered and remedied it" (Genutis v 555 Dekalb Ave., LLC, 241 AD3d 878 [2d Dept 2025], quoting an earlier decision). An owner who negligently put up a decoration that caused an injury may have a hard time saying it did not create the condition.

The Sidewalk in Front of the House

In New York City, the "abutting" owner, meaning the owner of the building or lot that the sidewalk runs in front of, must "maintain such sidewalk in a reasonably safe condition" and is generally liable for injuries caused by failing to do so (Administrative Code § 7-210). There is an important exception. The owner's liability does not apply to "one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes." For those sidewalks, a claim for a defect is generally against the City instead.

A claim against the City requires a sworn Notice of Claim, generally served "within ninety days after the claim arises" (General Municipal Law § 50-e(1)(a)), and the City has its own prior written notice rules. Our post on falls on wet leaves explains those rules.

When the Injured Person Is a Child

New York gives children more time to sue. When the usual deadline is three years or more, the time is generally extended to "three years after the disability ceases" (CPLR 208(a)), and for a child, that means three years after the child turns 18 (CPLR 105(j)). The general deadline for a personal injury case is three years (CPLR 214(5)).

But do not rely on that extra time when the City or another public entity may be involved. The 90-day Notice of Claim deadline still applies to children. A court may allow a late notice, and one thing it may consider is "whether the claimant was an infant" (General Municipal Law § 50-e(5)), but no one should count on it.

A Few Safety Steps

• Add reflective tape or a small light to dark costumes, and carry a flashlight.
• Cross at corners and crosswalks, and walk, do not run, across the street.
• Use the steps and walkways that are lit, and skip houses that are dark.
• Adults should go with young children, and plan a route that uses Trick-or-Streets blocks where you can.

What to Do If Someone Is Hurt

1. Get medical care, and follow your doctor's advice.
2. Once the injured person is cared for, photograph the spot (the step, walkway, sidewalk, or street) from several angles, along with the lighting and any decorations, before anything is cleaned up or moved.
3. Write down the exact address, the time, and the names and phone numbers of anyone who saw what happened.
4. Look for cameras, including doorbell cameras and store cameras. Video can be recorded over in a matter of weeks; see our Decision Day entry on Fernandez v Port Authority.
5. If a car was involved, call the police, and give written notice of the No-Fault claim within 30 days. We suggest speaking to a lawyer before you file, because anything you write or say in your claim may be used against you if there is a lawsuit.
6. Talk to a lawyer early, especially if the City may be involved, because of the 90-day Notice of Claim deadline. In some circumstances, your time to act may be even shorter.

If you or your child was hurt on Halloween, contact The Eskesen Law Firm for a free consultation. Calls are answered live 24 hours a day, 7 days a week.

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