Holiday Inflatables: What Happens When Festive Fun Causes Injury?

The holiday season is a time for joy, celebration, and, increasingly, elaborate outdoor decorations. Among the most popular are holiday inflatables – those larger-than-life snowmen, Santas, and cartoon characters that pop up on lawns across the country. While these decorations bring smiles to many faces, they can also pose unexpected risks. Did you know that injuries related to holiday decorations, including inflatables, send thousands of people to the emergency room each year?

When festive fun leads to serious injuries, it’s essential to understand your rights and the potential for legal recourse.

The Rising Popularity—and Risks—of Holiday Inflatables

Holiday inflatables have surged in popularity due to their ease of setup, eye-catching designs, and ability to spread holiday cheer. However, their size and construction can create several hazards:

Tripping Hazards: Inflatables require cords and tethers to keep them in place. These can become tripping hazards, especially in low-light conditions or when covered by snow.
Wind-Related Accidents: Inflatables can be easily blown over or even carried away by strong winds, potentially causing damage to property or injury to people.
Electrical Hazards: The blowers that keep inflatables inflated require electricity, increasing the risk of electric shock or fire if not properly installed and maintained.
Falling Inflatables: Improperly secured inflatables can fall, causing injuries to those nearby, especially children.

Common Injuries Associated with Holiday Inflatables

The types of injuries resulting from inflatable-related accidents vary widely, ranging from minor to severe:

Trips and Falls: Sprains, fractures, and head injuries are common when people trip over cords or tethers.
Impact Injuries: Being struck by a falling or wind-blown inflatable can cause bruises, lacerations, and even concussions.
Electrical Injuries: Contact with faulty wiring or damaged blowers can lead to burns or electric shock.

Determining Liability in Inflatable-Related Injuries

If you’ve been injured due to a holiday inflatable, determining who is liable (legally responsible) is crucial. Several parties could potentially be held responsible:

Homeowners: Homeowners have a duty to maintain their property in a reasonably safe condition. This includes ensuring that holiday decorations, like inflatables, are properly installed and maintained to prevent injuries.
Manufacturers: If an inflatable is defective in design or manufacture, the manufacturer could be held liable for injuries caused by the defect.
Retailers: Retailers can be held liable if they sell inflatables without proper safety warnings or instructions.
Property Management Companies: If the inflatable is on property managed by a company, that company may be responsible for ensuring the safety of decorations.

To establish liability, you typically need to prove the following:

Duty of Care: The responsible party owed you a duty of care to prevent foreseeable harm.
Breach of Duty: The responsible party breached that duty by acting negligently (e.g., failing to properly secure the inflatable).
Causation: The breach of duty directly caused your injuries.
Damages: You suffered actual damages as a result of your injuries (e.g., medical expenses, lost wages, pain and suffering).

Legal Claims and Compensation

If you’ve been injured by a holiday inflatable due to someone else’s negligence, you may be entitled to compensation for your losses. A personal injury claim can help you recover damages such as:

Medical Expenses: Costs associated with treatment, including hospital bills, doctor’s visits, physical therapy, and medication.
Lost Wages: Compensation for income lost due to being unable to work because of your injuries.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by your injuries.
Property Damage: Reimbursement for any property damaged as a result of the incident.

Steps to Take After an Inflatable-Related Injury

If you’ve been injured in an accident involving a holiday inflatable, taking the following steps can help protect your rights:

Seek Medical Attention: Your health is the top priority. Get prompt medical attention for your injuries.
Document the Scene: If possible, take photos and videos of the inflatable, the surrounding area, and any hazards that contributed to the accident.
Gather Information: Collect contact information from any witnesses to the accident.
Report the Incident: Report the incident to the homeowner or property manager, and keep a record of your report.
Consult an Attorney: Contact a personal injury attorney to discuss your legal options and protect your rights.

Safety Tips for Holiday Inflatables

To minimize the risk of accidents and injuries, follow these safety tips when setting up and maintaining holiday inflatables:

Read and Follow Instructions: Carefully read and follow the manufacturer’s instructions for installation and maintenance.
Secure Properly: Use the stakes, tethers, and guidelines provided to properly secure the inflatable to the ground.
Choose a Safe Location: Place the inflatable in a location away from walkways, driveways, and other areas where people may trip or fall.
Protect Electrical Connections: Use weatherproof extension cords and ensure all electrical connections are protected from moisture.
Inspect Regularly: Regularly inspect the inflatable for any signs of damage or wear, and repair or replace it as needed.
Be Mindful of Weather: Take down or secure the inflatable during high winds or severe weather.
Supervise Children: Keep children away from inflatables to prevent them from climbing on or playing near them.

Conclusion

Holiday inflatables can add a touch of whimsy and cheer to the holiday season, but they also come with potential risks. By understanding these risks and taking appropriate safety precautions, you can help prevent accidents and injuries. If you or a loved one has been injured due to a holiday inflatable, it’s essential to understand your legal rights and options. Contacting a personal injury attorney can provide valuable guidance and help you pursue the compensation you deserve.