The law offices of Kaufman & Stigger represent victims injured by holiday decorations in Lexington, Kentucky. According to the USA Facts Team, roughly 18,400 people are sent to the emergency room due to accidents caused by holiday decorations. The majority of these accidents are a result of unsafe conditions created on public or private property using holiday decorations. These injuries can often result in extensive medical bills, missed time at work, and ongoing hardships.
To recover the full extent of your damages after suffering an injury, contact Kaufman & Stigger today for a no-cost, no-obligation consultation.
Do I Need a Lawyer for a Holiday Decoration Injury?
Under Kentucky Premises Liability Law, KRS Chapter 411, property owners must keep their property reasonably safe and warn people who come onto their property about possible dangers. So, during the holidays, decorations may be put up that can lead to a tripping hazard, or a fire hazard, resulting in major damage to unsuspecting guests.
If someone gets injured by a holiday decoration, bringing a lawsuit against the property owner can be tricky. A property may be a single individual, a corporation, or a government entity. For these reasons, it is recommended to seek the counsel of one of our Premises Liability Lawyers at Kaufman & Stigger. Our lawyers will manage your claim and assist you with the following if you’ve been injured on someone else’s property:
- Increase your initial settlement through negotiations
- Make you aware of the compensation you will need in order to treat your injuries and make a full recovery
- Help you understand what a fair settlement should be based on the details of your case
- Build a case by gathering evidence such as:
- Proof of the damages you’ve suffered
- Evidence that a person, or business, was liable for your injuries
- Evidence the accident was in no way your fault, nor could you have done anything to prevent it
- File a claim in court if a settlement cannot be reached, and represent you in court in front of a judge and jury
Homeowner’s Liability in a Holiday Decoration Accident
Homeowners in Lexington, Kentucky, have a responsibility to ensure their premises are safe, especially when inviting guests over for the holidays. If any injury occurs because of a condition that the property owner was aware of, or reasonably should have been aware of, such as a holiday decoration, they may be held liable for the injured person’s losses.
Providing evidence is key in a premises liability case. If the condition is permanent to the property, it is often assumed that the property owner should be aware of it. When it comes to temporary hazards like holiday decorations, timing is everything.
Let’s say a thick electrical wire was left out where people typically walk, and someone tripped on it and hurt themselves. The owner may not be liable. However, if the chord was purposely left out in a common walking area, and the owner did nothing to prevent it, the owner could potentially be liable. Typical premises liability conditions include:
- Wet or icy surfaces
- Sudden changes in flooring
- Insufficient lighting
- A concealed hole or gap
Common Holiday Injuries
The hustle and bustle of the holidays can mean that people or companies may try to cut corners when preparing for the holidays, leading to unsafe conditions. Here are some common decorating-related injuries that typically occur during the holiday season:
- Fire-related injury: the Electrical Safety Foundation International (ESFI) has recorded an increase in fire incidents around the holidays, especially Christmas. The most common of these occurences are Christmas trees being near candles. These accidents result in major property damage, burns, or permanent disability.
- Slip-and-falls: There is an up tick and slip-and-fall injuries during the holidays because of the amount of physical effort it takes to hang holiday decorations. These incidents typically involve people using ladders to climb onto the roof and suffering a slip-and-fall. Also, stray wires that are not secured can lead to someone taking a nasty spill.
- Product-related injury: Certain products may have been recalled or have not passed safety standards, but were sold to the public anyway. These can lead to horrific injuries when a person is unknowingly using a dangerous product.
Holiday Decoration Accidents and Product Liability Claims
Serious injuries can occur when decorations, like electrical lights or mechanical displays, unexpectedly break or malfunction while being used for their intended purpose. For example, a strand of lights could be poorly made and overheat, resulting in a catastrophic fire. While some may believe the property owner would be responsible in this case, the issue of carelessness may lie with the company that made the lights, or the person who sold a defective holiday decoration.
The state of Kentucky recognizes strict product liability claims for products, such as holiday decorations, that are alleged to be:
- Sold with a manufacturing defect
- Defective in design
- Defective due to inadequate warnings or instructions
According to the Supreme Court, any person whose injuries were reasonably foreseen may bring a product liability claim against a manufacturer or distributor. This is applicable in the case of Elmore v. Am Motors Corp (1969), which essentially states that a distributor is directly liable to anyone who is injured by their defective product because they’re responsible for making the product available to the general public. No direct relationship needs to exist between the liable and injured parties, so a plaintiff does not need to be the actual purchaser of the defective product to file a personal injury lawsuit.
Warning Labels Are Required to Prevent Holiday Decoration Injuries
When it comes to warning labels on holiday decorations, the state of Kentucky requires the following:
- Warning labels are visible: warnings on dangerous products need to be visible and clearly marked on the packaging.
- Warnings are clearly worded: warnings on products need to be clearly written so consumers understand the dangers posed by the product and what harm may come of it.
- Warnings prevent potential harm: warning labels should inform consumers of potential harm and suggest steps to prevent harm. An example of this would be a product containing harmful chemicals. A warning label may address the dangerous chemicals and instruct users to not inhale them or allow them to touch their skin.
Contact Kaufman & Stigger | Holiday Decoration Injury Lawyers
If you or a loved one has been injured by unsafe conditions or a careless act caused by holiday decorations in Lexington, our team of Personal Injury Lawyers can help. Our firm will investigate the circumstances of your accident and gather evidence to reach a successful settlement for your case.
Don’t wait until it’s too late to take legal action. Contact Kaufman & Stigger today for a free, no-risk case consultation and case evaluation. No upfront money is required, and you don’t pay a dime until your case is won.
