Understanding Your Rights

Holiday Accidents Happen: Here’s How to Avoid Them and What to Know If You Don’t

December 2, 2025
Cody Podor
9 min read
Holiday Accidents Happen: Here’s How to Avoid Them and What to Know If You Don’t


The holidays are the most wonderful time of the year. Where families celebrate together with love and gifts that showcase how much we care about each other. But love and gifts isn’t the only thing that Santa Claus brings this time of the year. Each year during November and December, close to 15,000 people are treated in emergency departments because they had a holiday decorating-related injury, according to the Consumer Product Safety Commission

All the hustle and bustle during the holidays can make even protective families overlook the most common holiday hazards. And while most of these types of accidents are rare and easy to prevent with care, understanding where these dangers lurk can make the difference between a Merry Christmas and a catastrophe. 

The Most Common Holiday Injuries (And the Numbers Behind Them)

Falls continue to dominate during  holiday injuries. During the 2023 holiday season , close to 15,000 people ended up in hospital emergency departments for injuries they had while decorating their homes, with an average of about 160 injuries daily. Nearly half of these injuries were due to slip and falls, most of these coming from accidents related to ladders.

Burn related injuries usually spike too during the holidays. The National Fire Protection Association reports that annually, around 145 home fires involve an accident related to their Christmas Tree. Unfortunately causing 2 deaths, 12 injuries and overall $10 million in damage to property each year. But the full picture is even more alarming. Fires associated with holiday decorations, not counting trees, involve an additional 860 home fires each year. But the most troubling factor, and a lesson we must consider when decorating our homes, is that nearly one-third of Christmas trees fires occur in January, when the dried-out trees become significantly more flammable after weeks of display. So always take proper care of your natural christmas tree, since it can become a serious fire hazard.

Those beautiful and melancholic Christmas candles present an even greater risk. December each year consistently emerges as the peak month for candle fires, with Christmas Day seeing triple the times as many candle fires as the daily average. Between 2009 and 2011, candle-related fires resulted in an estimated 70 deaths, 680 injuries, and $308 million in property loss. About 45% of December decoration fires started from candles. The leading cause? Combustible materials placed too close to flames. Space heaters also contribute to winter fire risks when placed too close to curtains or furniture.

Cooking fires triple on Thanksgiving Day alone. The Consumer Product Safety Commission offers safety information showing 1,400-1,600 cooking fires occur on Thanksgiving, compared to the daily average. Turkey fryers deserve special mention, with over 200 fire or scald incidents resulting in 83 injuries associated with improper use since manufacturers began tracking.

Traffic accidents claim hundreds of lives during holiday travel periods. The National Safety Council estimates 502 traffic deaths during Thanksgiving 2024, with Christmas and New Year’s Eve periods generating nearly 800 combined deaths. Alcohol plays a devastating role, with 33% of drivers involved in fatal crashes on Thanksgiving Eve during the 2023 holiday season being drunk. December alcohol-impaired fatalities consistently exceed other months, and 1,062 people were killed in alcohol-impaired crashes in December 2022 alone. Winter weather compounds these risks with icy roads and reduced visibility.

Food poisoning and choking round out the major injury categories. CDC research shows that Clostridium perfringens outbreaks occur most often in November and December, linked to improperly temperature-controlled turkey and roast beef. Food safety becomes critical when feeding large gatherings. Choking incidents particularly affect children, with candy and gum representing a significant choking hazard. Toys with small parts present dangers too. Toy-related injuries affect thousands of children annually, and toy-related deaths and injuries highlight the importance of safety when buying and playing with kids’ toys. The CPSC reports that toys for children 12 years and younger require special attention, as children 12 years and younger face the highest risks. Many deaths reported were attributed to small parts that can be swallowed.

Holiday heart syndrome deserves mention as well. This condition, characterized by irregular heartbeat after excessive alcohol consumption and overeating, sends many adults to emergency departments during this time of the year.

Holiday plants like poinsettias, holly berries, and mistletoe can also cause illness if ingested by children or pets, adding another category to the common types of seasonal dangers.

When Holiday Accidents Become Legal Cases

Not every accident warrants legal action. The law distinguishes between unfortunate mishaps and actionable negligence. Understanding this difference helps injury victims determine when they have valid legal claims.

Premises liability provides the legal framework for most holiday injury cases. Property owners owe different duties of care depending on why you’re on their property. In Florida, invitees receive the highest duty of care. Business owners must maintain reasonably safe conditions, conduct regular inspections, correct dangers, and warn of hazards they knew or should have known about. This applies when you’re injured during holiday shopping at a retail store or attending a business-sponsored event.

When invited at a casual social holiday party, you receive moderate protection as licensees. The homeowners must warn all guests about known dangers but they are usually not required by law to conduct regular safety inspections. However, the law might recognize expectations when property owners create dangerous conditions. 

Florida has specific requirements for slip-and-fall cases. Florida Statute 768.0755 requires injured persons to prove that business establishments had actual or constructive knowledge of dangerous conditions. This matters for injuries where spilled drinks, tracked-in snow, or fallen decorations create hazards.

Product liability cases involve defective holiday items. Defective lights with inadequate insulation, flammable decorations without proper warnings, structurally unsound artificial trees, or dangerous toys all fall under product liability law. Ohio’s product liability statute distinguishes three defect types: manufacturing defects, design defects, and warning defects. Much like Clark Griswold’s electrical mishaps in National Lampoon’s Christmas Vacation, overloaded circuits and faulty extension cords cause real injuries every year.

One area where liability remains extremely limited involves alcohol service at private parties. Florida Statute 768.125 restricts liability to willfully serving minors or knowingly serving habitual alcoholics. Ohio law similarly limits liability to commercial permit holders, not private social hosts.

Preventing Holiday Injuries: What Every Family Should Know

Most injuries are preventable through proper safety precautions. Federal safety agencies provide detailed guidance with tips to keep families safe during the holidays.

Ladder safety starts with proper selection and setup. The CPSC recommends selecting ladders that extend at least three feet over the working surface. Set straight ladders at approximately 75-degree angles on level, firm ground. Use helpers to hold ladder bottoms. Always center your body between the rails and never stand on the top three rungs. These simple safety tips address the leading cause of decorating injuries.

Fire prevention requires multiple strategies. Keep fresh trees well-watered, monitoring water levels day during the holiday season since heated rooms rapidly dry trees. Place trees away from flammable items including fireplaces, radiators, and candles. All lights should bear UL certification. Inspect lights carefully for broken sockets, frayed wires, or loose connections before use. The Electrical Safety Foundation International emphasizes checking that all decorations are rated for indoor or outdoor use as appropriate.

Chill perishables within two hours, maintaining refrigerators at 40°F or below. The USDA recommends cooking stuffing in separate casserole dishes rather than inside turkeys.

Childproofing becomes critical when hosting families with young children. Move breakable decorations out of reach. Keep small decorative items and toys with small parts away from toddlers. Check that electrical outlets have covers. Remove toxic plants from areas accessible to children.

Whether you’re shopping online or time shopping in stores, making safety a priority helps ensure an accident-free holiday. Put safety at the top of your list, whether you’re decorating, cooking, or selecting toy-related gifts. Online shopping and shopping online options can help avoid crowded stores, but always verify product safety ratings. Safety when buying and playing with new items protects the whole family.

What to Do After a Holiday Injury

Immediate actions after an injury affect both your health and your legal rights. Following proper procedures preserves evidence and strengthens potential claims.

Seek medical attention immediately for serious injuries. Don’t downplay symptoms or delay treatment. Medical records document the injury’s severity and the doctor’s assessment of causation. Gaps in treatment give insurance companies arguments that injuries weren’t serious.

Document the scene thoroughly. Take photographs from multiple angles showing the hazard that caused your injury. If defective equipment caused injury, photograph it and any visible defects.

Collect witness information while memories remain fresh. Obtain names and contact information from anyone who saw the accident. Independent witnesses provide crucial corroboration.

Preserve evidence, especially defective products. Don’t throw away the lights that shocked you or the ladder that collapsed. Physical evidence proves conditions existed as you described.

Report the incident through appropriate channels. For injuries at businesses, notify management immediately. For traffic accidents in the U.S., call police to file official reports. Formal reports create contemporaneous documentation.

Protecting Your Family This Holiday Season


You shouldn’t lose focus on holiday safety through all the noise of the holiday bustle. Understanding these types of risks and how to prevent them is crucial for families in order to take the proper precautions. 

Yet accidents happen despite best efforts. When they result from negligence, victims have legal rights. Two-year statutes of limitations make prompt action essential.

If you or a loved one has been injured this holiday season, contact Podor Law for a free consultation. Every holiday tradition should create happy memories, not hospital visits. We’ll help you understand your rights and stay safe during the holidays while fighting for the compensation you deserve. This safety information highlights the importance of both prevention and knowing your legal options. Don’t let filing deadlines pass or evidence disappear. Call us today to protect your rights.

If you or a loved one has been injured this holiday season due to someone else’s negligance, don’t hesitate to contact us for a free consultation. We fight tirelessly to get the compensation you and your family deserve. 


Sources

  1. Consumer Product Safety Commission: Holiday Decorating Injuries
  2. CDC: Fall-Related Injuries During Holiday Season
  3. National Fire Protection Association: Christmas Tree Fires
  4. National Fire Protection Association: Candle Fire Safety
  5. Consumer Product Safety Commission: Holiday Safety
  6. National Safety Council: Holiday Traffic Fatalities
  7. NHTSA: Thanksgiving Holiday Travel Safety
  8. NHTSA: Drunk Driving Statistics
  9. FDA: Food Safety Tips for Healthy Holidays
  10. Florida Bar Journal: Premises Liability
  11. Florida Statutes: Chapter 768 Section 81
  12. Florida Statutes: Chapter 768 Section 125
  13. Ohio Revised Code: Section 4399.18
  14. Ohio Revised Code: Section 2307.76
  15. CPSC: Ladder Safety
  16. Electrical Safety Foundation International: Holiday Safety Statistics
  17. USDA Food Safety: Holiday Food Safety
  18. Ohio Revised Code: Section 2305.402
  19. University of Cincinnati Law Review: Ohio Comparative Negligence