The winter holiday season often includes elaborate decorations—but when those decorations cause injuries, you might be wondering about your legal options. Holiday decorations, while beautiful, can pose risks when improperly maintained or carelessly installed. Outdoor decorations often involve wires, extension cords and light displays that can create tripping hazards. Inflatable decorations or large yard displays can obstruct pathways, making it difficult for visitors to navigate safely.
Indoors, the risks can include unstable Christmas trees, poorly secured garlands or decorations that block emergency exits. Defective or poorly manufactured decorations, such as lights that overheat and cause fires, can also lead to serious injuries or property damage. Here’s what to know about potential injuries and holding parties accountable.
Premises liability and holiday decor
If you’re injured on someone else’s property due to holiday decorations, premises liability laws may come into play. Property owners are generally required to maintain their property in a reasonably safe condition and warn visitors of known hazards. For instance, if a homeowner sets up an intricate light display but fails to secure wires properly, they may be liable for any injuries caused by tripping and falling.
However, the level of responsibility depends on the visitor’s status. Property owners typically owe the highest duty of care to invitees, such as guests attending a holiday party. Licensees, like social guests, are also owed a reasonable level of safety. Trespassers, on the other hand, are typically afforded minimal protections—unless the property owner creates hazards intended to cause harm.
Defective decorations
In some cases, injuries from holiday decorations may be the result of a manufacturing defect or poor design. For example, a string of holiday lights that malfunctions and causes an electrical shock or a fire could make the manufacturer or retailer liable under products liability laws.
Products liability claims typically fall under three categories: manufacturing defects, design defects or failure to provide adequate warnings or instructions. Injured parties may be able to sue the manufacturer to recover damages.
Public displays and municipal liability
Holiday injuries don’t just occur on private property. Public holiday displays in parks, plaza, or community centers can also present risks. If a person is injured due to poorly maintained decorations or unsafe conditions in a public space, the city or municipality responsible for the display may be held liable.
However, claims against government entities often require a different legal process than claims against individuals or private companies. These cases typically involve shorter filing deadlines and specific procedural requirements. It’s important to work with a lawyer as soon as possible to ensure you don’t miss out on your chance to file a claim.
If you or a loved one has been hurt due to holiday decorations, call the Law Offices of Tim Misny to learn more about your options.
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The Law Offices of Tim Misny can help you with your personal injury claim. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.
