Walking in a Legal Wonderland The holiday season brings joy, hope, and the spirit of giving. The holiday season also brings a slew of legal issues. From Black Friday tramplings to Christmas tree fires, this article explores the unique legal issues faced during the holiday season. You Know Dasher and Dancer and Prancer and Danger….. From Thanksgiving to New Year’s, emergency room visits for lacerations, burns, and back sprains skyrocket. According to the Consumer Product Safety Commission, between 2001 and 2020 an estimated 538,000 Americans were treated at emergency rooms for injuries due to paper products – including wrapping paper.1 Approximately 5,800 people are treated annually for injuries sustained from falls involving holiday decorations2 and 4,000 people a year are treated in emergency rooms for injuries associated with extension cords.3 Other dangers of holiday decorations include poison caused by mistletoe and holly berries, allergic reactions from the skin irritant, methylene chloride, found in bubbling Christmas lights, and asbestos related health problems stemming from people digging out old decorations from their attics.4 Even the beautiful and festive artificial snow can cause problems because it is harmful if inhaled.5 Not surprisingly, these injuries lead to personal injury and product liability lawsuits. Deaths, injuries, and property damage from consumer product-related incidents cost the nation more than $1 trillion annually.6 Businesses in Tennessee have become familiar with the dangers lurking in decorations. In 2012, a lawsuit was filed against a local restaurant after a patron fell down a set of stairs.7 The handrail on one side of the stairs was wrapped in garland and lights. When the patron descended the stairs, she grabbed a “handful of garland”
instead of the rail and fell. She sued the restaurant claiming that it created a dangerous condition by “covering a safety device, i.e., handrail, with items that impeded its use.” While the restaurant was ultimately held not liable, that was only after a successful motion for summary judgment and appeal; there’s no telling what that $20 worth of garland cost the business in legal fees. All I Want for Christmas is a Fire Extinguisher Similarly, the number of fires surge during the holiday season. It goes without saying that Christmas trees are extremely flammable. The Electrical Safety Foundation reports that on average, 260 home fires begin with Christmas trees each year, resulting in twelve deaths, twenty-four injuries and $16.4 million in property damage.8 An additional 150 home fires per year begin with holiday lights and other decorative lighting, causing another eight deaths, sixteen injuries, and $8.9 million in property damage each year.9 According to the Tennessee State Fire Marshal’s Office, during the five-year period between 2013 and 2017, candles were reported to have caused 385 residential structure fires, eight civilian deaths, twenty-eight civilian injuries, six firefighter injuries and $13 million in fire loss.10 In 2021 alone, fireworks were responsible for starting 189 fires and causing over $2.1 million in property damages.11 The primary issue related to these incidents is insurance coverage. Notably, accidental fires or damages caused by fireworks in a Tennessee municipality that bans fireworks may not be covered by traditional homeowners or renters insurance policies.12 Jingle Bells, Someone Fell Another source of holiday mayhem stems from shopping acci(continued on page 8) (continued on page 00)
DECEMBER/JANUARY 2023-24 | NASHVILLE BAR JOURNAL
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