The holiday season brings joy, laughter, and festive gatherings, but it can also come with unexpected hazards. Between towering Christmas trees, twinkling lights, and bustling celebrations, homes transform into holiday wonderlands—and potential accident zones. When accidents happen during holiday festivities, determining liability is crucial, especially if injuries occur in someone’s home.
Let’s take a closer look at common holiday-related hazards, who might be held liable for accidents, and what steps injured guests can take to protect their rights.
Common Holiday Home Hazards
- Falling Christmas Trees
A beautifully decorated Christmas tree is a holiday staple, but a poorly secured tree can topple and cause serious injuries. Heavy ornaments, sharp branches, and the weight of the tree itself can lead to cuts, bruises, or even head trauma. Accidents often happen when children or pets pull at the tree, or when the base is unstable. - Trips and Falls Over Decorations
Holiday decor can quickly clutter walkways and create trip hazards. Extension cords for string lights, misplaced gifts, and rugs used for decorative purposes can all lead to accidents. Guests unfamiliar with your home layout are especially vulnerable to slipping, tripping, or falling over decorations. - Burns From Candles and Fireplaces
Nothing sets the holiday mood quite like candles and a roaring fireplace. However, open flames increase the risk of burns and house fires. A misplaced candle or a guest brushing too close to a fireplace can lead to serious injuries, especially when celebrations are crowded and hectic.
How Liability Works for Injuries at a Holiday Gathering
Under personal injury law, homeowners hosting holiday parties or gatherings are responsible for maintaining a reasonably safe environment for their guests. This duty of care requires them to identify and address potential hazards, whether it’s a loose rug, unstable furniture, or improperly stored decorations.
If a guest is injured, liability depends on the specific circumstances of the accident. Here’s how it works:
- Premises Liability:
Homeowners are typically held to a standard of premises liability. If the homeowner knew about a hazard (or reasonably should have known) and failed to fix it or warn guests, they may be held liable for any resulting injuries. - Negligence:
If an injury occurs due to the homeowner’s carelessness, such as setting up unsafe decorations or failing to monitor open flames, they could be found negligent. - Shared Responsibility:
In some cases, liability may be shared. For example, if a guest trips over an extension cord while distracted by their phone, they may bear partial responsibility for the accident.
Steps to Take After a Holiday Injury
If you’re injured at someone’s home during the holidays, here’s what you should do:
- Seek Medical Attention: Your health comes first. Document your injuries with a healthcare professional.
- Document the Scene: Take photos of the hazard, such as the unstable Christmas tree or the misplaced decoration, and collect witness statements if possible.
- Contact an Attorney: Navigating premises liability can be complex. A personal injury lawyer can evaluate your case and help you seek the compensation you deserve.
Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys
If you have suffered an injury, don’t go through it alone. Help is available today. Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.
References:
https://journalistsresource.org/home/seasonal-holiday-injuries-a-research-roundup/
https://www.cpsc.gov/Safety-Education/Safety-Education-Centers/Holiday-Safety
