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 accidents. As we’ve all witnessed, Black Friday shopping can be worse than general sessions court on a Friday – it’s the wild, wild west. Since 2006, seventeen Black Friday deaths have been reported.13 The first death in 2008 resulted from 2,000 people stampeding into a Walmart, fatally trampling an employee.14

The aftermath of “shopping stampedes” brings a countless number of disputes. Aisles fill with tripping hazards, including dropped products and spilt beverages, leading to both consumer actions and workers’ compensation claims.

Rock Around the Christmas Tree But Don’t Get Behind the Wheel

Christmas is one of the deadliest days of the year to drive. Sleet and snow makes roads slippery and dangerous, hot toddies and spiked cider make you dangerous, and rogue shopping carts make parking lots dangerous.

It’s natural that during the holiday season, emotions are heightened. Impending legal issues like divorce, bankruptcy, and year-end tax issues, make people more susceptible to road rage and substance abuse. Additionally, it doesn’t help that alcohol makes you feel warmer, when in reality it lowers your body temperature.15 These conditions inevitably lead to car accidents, followed by loss and lawsuits.

Domestic Violence.16

One of the worst holiday legal issues is the spike in family law cases. The Tennessee Bureau of Investigation says reports of domestic violence typically increase during the holidays. Tennessee already has one of the highest homicide rates in the nation for women killed by men. The latest Violence Policy Center report found Tennessee ranks as the 11th most deadly state for women.17 Stress related to sharing child custody during the holidays doesn’t help.

Santa Baby, I’m Keeping the Ring

Finally, it wouldn’t be the holiday season without at least one fight over the gifts. The majority of states, including Tennessee, consider engagement rings “conditional” gifts, meaning that if a couple does not get married, the ring goes back to the person who bought it. However, there is a holiday exception argument. If an engagement ring is given as part of a special occasion—like Christmas—the receiver of the ring might argue that the ring is associated with the occasion and not the promise of marriage.

This holiday season, stay safe, smart and keep up on your holiday legal knowledge to stay out of trouble or when you run out of topics at the dinner table.

SUMMER GEYER is an Associate in Burr & Forman’s Construction Practice Group where she assists a range of clients, including residential and commercial general contractors, architects, engineers, project managers, business and property owners, and subcontractors. Summer earned her J.D. from Belmont College of Law, where she still serves as an Adjunct Professor and the Mock Trial Head Coach. In her free time, Summer enjoys traveling, singing, and spending time with her Great Dane, Baron.

Endnotes

1 https://safer-america.com/christmas-gift-wrapping-injuries/

2 https://www.esfi.org/holiday-data-and-statistics-proven-need-for-holiday-safety-awareness/

3 Id.

4 https://news.vumc.org/2014/12/22/tennessee-poison-center-physician-offers-tips-to-prevent-holiday-poisonings/

5 Id.

6 https://www.cpsc.gov/Newsroom/News-Releases/2014/CPSC-Estimates-More-Than-15000-Holiday-Decorating-Injuries-During-November-and-December

7 Cruce v. Memmex Inc., No. W201601167COAR3CV, 2017 WL 497035, at *1–2 (Tenn. Ct. App. Feb. 7, 2017).

8 https://www.esfi.org/holiday-data-and-statistics-proven-need-for-holiday-safety-awareness/#:~:text=On%20average%2C%20260%20home%20fires,in%20 property%20damage%20each%20year

9 Id.

10 https://www.tn.gov/commerce/news/2018/12/13/sfmo--candle-fires-caused-13m-in-damages--claimed-eight-lives-since-2013.html

11 https://www.tn.gov/commerce/news/2021/12/30/start-2022-safely-by-avoiding-anew-years-fireworks-mishap.html.

12 Id.

13 https://blackfridaydeathcount.com/

14 https://nypost.com/article/black-fridays-most-gruesome-injuries-and-deathsthrough-the-years/

15 https://www.theweathernetwork.com/en/news/lifestyle/health/why-getting-drunkin-cold-weather-is-a-bad-idea

16 This one doesn’t get a funny title because domestic violence is never funny.

17 https://vpc.org/when-men-murder-women-appendix/