Having a Killer Holiday: When Decorations Cause Disaster

It’s that time of year when those who sadly and grudgingly took down their holiday decorations at the end of last winter to put their decorations back up again safely. But how “safe” is it really? There are all kinds of electronic decorations that have emerged on store shelves – and that means there are a host of new fire hazards to worry about.

We’ve all seen the holiday movies where someone becomes competitive and the entire house becomes so immersed in lights that it can be viewed from outer space. According to the National Fire Protection Association, 160 home fires per year begin with Christmas trees. Electrical distribution or lighting equipment was involved in nearly half of these fires. Fire departments also respond to 780 structure fires per year caused by holiday decorations. With an average of almost 19 of these fires per state each year, the likelihood of burn injuries occurring increases.

Tips to keep your decorations and your family safe

Whether you are adding the North Pole, complete with Santa’s workshop and flying reindeer to your front yard, or keeping it simple with just a lit candle in each window, you need to take precautions to keep your family and any holiday guests safe.

• Check your light strings. Make sure the bulbs and wiring aren’t compromised before plugging them in, and be sure to use the correct bulbs that won’t overheat. Position your lights away from anything flammable such as dried leaves that can catch on fire.
• Check your tree. If you are plugging in lights, be sure to follow the same precautions                             above. Also, if you have a natural tree, make sure to keep it watered to prevent needles from drying out and becoming kindling.
• Outlet safety. Unplug everything before bed and when you’re not home, including                                 fragrance plugins. These devices, filled with flammable liquid, can overheat and spark a fire.
• Check for safety recalls. If you reuse electric decorations year-to-year, be sure they are still safe before going to the time and effort of putting something up that may be a fire hazard.

Who is liable if there’s a fire?

Depending upon whether you are in your own home, or you are visiting friends or family, if a fire occurs causing burn injuries, you may have a cause of action against more than one source. If the lights or other electric devices are defective, you may have a product liability claim against the manufacturer, and maybe even the retailer you purchased them from, regardless of whose home you were burned in.

If you were burned while staying with friends or family at the time the fire broke out, you may also have a claim against them for catastrophic injury, or wrongful death, depending upon how severely your injuries are.

In a product liability case, the primary element that needs to be proved is that the company manufactured and sold a defective product. For a claim against a friend or family member whose home caught fire, it is necessary to prove that someone behaved negligently.

Recovering from burn injuries is a long, very painful road, sometimes requiring lifetime care, or leaving you with scars that will never go away. If you have been severely injured in a fire through the negligence of someone else, you may qualify to be compensated for economic and non-economic damages such as:

• Current and future medical expenses
• Lost wages and future earnings
• Property damage
• Permanent impairment and/or disfigurement
• Pain and suffering
• Emotional distress
• Punitive damages awarded to punish a defendant for particularly egregious conduct

Burn injuries are devastating to those who suffer from them, and can have unpredictable outcomes. There are some steps that can be taken to protect yourself and others from becoming a burn victim, however you cannot control when a product will malfunction. If you, or a loved one has suffered burns due to a defective product or negligence, speak with the compassionate attorneys at Warren & Kallianos, PLLC. You may be entitled to receive compensation for your injuries. To schedule your free consultation in our Charlotte office, call 704-377-7777 or reach out to us through our contact form.