The holiday season is full of joy, family gatherings, and festive decorations. Stringing lights and decking the halls might be one of the most anticipated activities of the year. But amidst all the holiday cheer, it’s easy to overlook the potential hazards that can arise from decorations, creating risks for injuries.
From faulty light strings to slippery outdoor setups, these hazards can lead to accidents and, in some cases, even legal claims. If you find yourself or a loved one injured due to someone's negligence, knowing your rights and how to take action is key. Here’s how to spot the dangers, stay safe, and what steps you can take if an injury does happen.
How Holiday Decor Becomes Hazardous
While festive decorations are a season's hallmark, they can become dangerous when improperly installed, poorly maintained, or misused. Take a closer look at some common risks linked to holiday decor:
1. Defective Products
Many stores offer holiday decor products on a large scale, but not every item meets quality standards. Defective string lights, pre-lit artificial trees, or faulty lawn inflatables can cause fires, electrical shocks, or injuries. Exposure to wiring or mislabeled flammable materials can also put users at risk.
- Example: A Concord homeowner buys new holiday lights that overheat and cause burns when touched. The manufacturer may be liable for any resulting injury claims if the product was defective.
2. Improper Installation
A dazzling display often requires creativity and effort—but all too often, safety takes a backseat. Overloaded electrical outlets, unsecured decorations, and improperly hung items can lead to accidents like falls, electrocution, or even fires.
- Example: Imagine a precariously hung wreath falling on a holiday party guest. If the host failed to secure it properly, they could be held responsible for injuries.
3. Slip and Trip Hazards
Holiday setups often involve tangled cords or large objects like outdoor inflatables blocking pathways. Combined with seasonal weather like snow or ice, these obstacles increase the chance of slips, trips, and falls. This is particularly risky for visitors who might not be familiar with your home’s layout.
- Example: A guest slips on a snow-covered extension cord and runs across the driveway, breaking their wrist. This scenario could lead to a premises liability claim.
4. Flammable Decor
Festive items like candles, Christmas trees, and garlands bring charm but elevate the risk of fires. Dry holiday trees placed near heat sources or unattended candles can quickly ignite and spread flames.
- Example: A lit candle next to decorations catches fire, causing a visiting friend to suffer burns. Liability could fall on the property owner or the hosts.
Who May Be Liable for Holiday Decor Injuries?
Determining liability is crucial if you or a loved one suffered an injury due to holiday decorations. Depending on the circumstances, different parties may bear responsibility:
Property Owners or Hosts
Under New Hampshire’s premises liability laws, property owners are responsible for maintaining reasonably safe visitor conditions. The host may be liable if a guest is injured at a holiday gathering due to unsafe decor.
Manufacturers of Defective Products
If a malfunctioning decoration caused harm, the manufacturer or retailer could be held accountable under product liability laws. This includes issues such as poor design, manufacturing defects, or insufficient safety warnings.
Contractors or Service Providers
When hired for holiday displays, professional decorators or installers are expected to adhere to safety standards. Failure to do so could make them liable for any injuries stemming from their work.
Landlords or Property Managers
Renters who are injured due to unsafe decorations in communal spaces like apartment lobbies or shared yards might have a legal claim against landlords for failing to maintain safe premises.
Staying Safe This Holiday Season
While you can’t eliminate every risk, simple precautions go a long way toward preventing injuries during the holidays. Here are a few steps to keep your festivities safe and joyful:
Inspect Decorations
Always check decorations for damage or wear before use. Discard items with frayed wires, loose parts, or signs of overheating.
Prioritize Stability
Secure decor to prevent items from falling or shifting. Use proper tools to hang wreaths, lights, or garlands instead of makeshift solutions like tape or unstable hooks.
Be Mindful of Fire Risks
Keep flammable items away from heat sources and never leave burning candles unattended. If you use a real tree, water it frequently to prevent it from drying out.
Address Slip Hazards Quickly
Clear walkways of snow, ice, and any loose cords or decorations to prevent trips and falls.
Avoid Overloading Circuits
Follow the manufacturer's guidelines for the number of light strings you can safely connect. If needed, use extension cords designed for outdoor use.
What to Do If You’ve Been Injured
Holiday cheer quickly fades if you or a loved one experiences an injury. Knowing what to do in these situations is important:
Seek Medical Attention Immediately
A professional should treat Even minor injuries to rule out underlying issues and establish a medical record.
Document the Incident
Take photos of the scene, the hazard that caused the injury, and any visible injuries. Collect statements from witnesses if possible.
Preserve Evidence
For accidents involving defective products, keep the product and packaging as evidence. Do not attempt to repair or modify it.
Report the Incident
If the injury occurred on someone else’s property, immediately notify the owner or manager. They may have insurance that covers injuries.
Consult a Personal Injury Lawyer
Navigating the legal consequences of a holiday injury can be complicated. An experienced lawyer can help you determine liability, identify the compensation you’re entitled to, and advocate for your rights.
If you’ve suffered injuries due to holiday decor and suspect someone else’s negligence was involved, reaching out to a personal injury attorney is wise. An attorney can assess the details of your case, determine who may be liable, and work to build a strong claim.
New Hampshire Personal Injury Attorneys
In conclusion, while the holiday season is a time for joy and celebration, it’s paramount to remain vigilant about potential hazards associated with holiday decor. By taking proactive steps in ensuring safety and legal preparedness, you can safeguard your home and family. If you find yourself needing legal advice or insurance-related guidance, Upton & Hatfield, LLP in Concord, NH is here to assist. Our experienced professionals are ready to help you navigate the complexities of holiday liability and coverage, ensuring a worry-free festive season. Contact us today at (603) 634-9560 to learn more about how we can support you.