Holiday Hazard? California Homeowner Liability for Decoration Injuries in 2025

The holiday season is a time for celebration, but it also brings an increased risk of accidents and injuries related to decorations. In California, homeowners have a legal responsibility to maintain a safe environment for their guests. But what happens when holiday cheer turns into a holiday hazard, and someone gets injured due to decorations? Understanding homeowner liability in California is crucial to ensure a safe and happy holiday season for everyone.

Each year, thousands of people are treated in emergency rooms for holiday decorating injuries, with falls being the number one cause.

Understanding California Premises Liability Law

California premises liability law dictates that property owners, including homeowners, must maintain their property in a reasonably safe condition for visitors. This duty of care extends to ensuring that holiday decorations do not create potential hazards that could lead to injury.

California Civil Code 1714 states that property owners can be held liable for injuries sustained on their property due to negligent behavior. This means that homeowners must take reasonable steps to identify and address potential hazards, or provide adequate warnings to visitors.

What is “Duty of Care”?

California homeowners have a legal “duty of care” to keep their property safe for visitors, including family, friends, and even hired workers. This duty of care is defined as using reasonable care to keep the property in a reasonably safe condition. This includes discovering any unsafe conditions and repairing, replacing, or giving adequate warning of anything that could be reasonably expected to harm others.

Factors that determine whether a homeowner used “reasonable care” include:

Location of the home and property.
The foreseeability of harm.
The likelihood of injury.
The extent of control over the property.
The purpose for which the person entered the property.

Common Holiday Decoration Hazards

Several common hazards associated with holiday decorations can lead to injuries:

Falls: Ladders tipping while hanging lights, loose cords or tinsel creating trip hazards, cluttered walkways, and slippery floors from spills.
Electrical Hazards: Overloaded outlets, frayed wires, damaged lights, and improper use of extension cords.
Fire Hazards: Candles placed near flammable materials, defective electrical decorations, and dry Christmas trees.
Falling Objects: Poorly secured trees, heavy ornaments, and decorations falling from high places.
Inflatable Decorations: Improper installation, inadequate anchoring, and electrical malfunctions.

Examples of Negligence

Homeowners can be found negligent if they fail to:

Maintain their property in a reasonably safe condition.
Make reasonable efforts to keep visitors safe from probable dangers.
Identify hazardous conditions.
Take measures to repair or replace dangerous conditions.
Provide warning to visitors about unsafe conditions.

Who Can Be Held Liable?

Liability depends on where and how the injury occurred. Possible responsible parties include:

Homeowners: For unsafe decorations during a private gathering.
Businesses: For hazards in public areas.
Property Management Companies: For failing to maintain common areas.
Event Organizers: If the space was rented for a holiday celebration.
Manufacturers: If a defective electrical decoration caused burns or fire injuries.
Property Owners’ Associations: If they have rules against certain decorations and failing to follow those rules leads to injury.

Proving Negligence in a Holiday Decoration Injury Case

To win a premises liability case, the injured party (plaintiff) must prove that the homeowner was negligent. This involves demonstrating the following:

Duty of Care: The homeowner owed a duty of care to the visitor.
Breach of Duty: The homeowner breached that duty by failing to maintain a safe environment.
Causation: The homeowner’s negligence directly caused the injury.
Damages: The injured party suffered damages as a result of the injury (medical expenses, lost wages, pain and suffering).

Recent Changes in California Premises Liability Law

Several changes are being discussed in California premises liability law in 2025. Proposed Bill SB-2025 aims to reduce the time limit for filing certain types of premises-related injury claims from two years to one year. Recent court decisions have leaned toward increasing the threshold for proving a property owner’s negligence. In 2025, courts may require plaintiffs to show more specific proof of knowledge and causation, placing a greater burden on injured parties.

Comparative Negligence

California follows the legal theory of comparative negligence. Even if the injured party is partially at fault for the accident, they can still recover damages. However, the amount of compensation will be reduced by their percentage of fault.

Steps to Take After a Holiday Decoration Injury

If you are injured on someone’s property due to holiday decorations, take the following steps:

Seek Medical Attention: Prioritize getting medical help for any injuries sustained. This is crucial for health and serves as official documentation of the injury.
Document the Scene: If possible, document the scene where the injury occurred. Take photographs of the decoration setup, focusing on what may have caused the injury.
Report the Incident: Notify the property owner or manager and file an incident report.
Gather Witness Information: Collect contact information from any witnesses to the accident.
Contact an Attorney: A personal injury lawyer can evaluate your case and help you seek the compensation you deserve.

Holiday Safety Tips for Homeowners

To minimize the risk of accidents and injuries, homeowners should follow these safety tips:

Inspect Decorations: Check all lights and decorations for damage before use.
Use Safe Lighting: Use lights that have been tested for safety and consider using LED lights.
Avoid Overloading Outlets: Do not overload electrical outlets or extension cords.
Secure Decorations: Ensure all decorations are properly secured to prevent falls.
Clear Walkways: Keep walkways clear of clutter and tripping hazards.
Use Ladders Safely: Use a stable ladder and have someone assist you when hanging lights.
Keep Candles Safe: Keep candles away from flammable materials and out of reach of children and pets.
Maintain Christmas Trees: Water live trees regularly and keep them away from heat sources.
Warn Guests of Hazards: Inform guests of any potential hazards on your property.

Conclusion

While the holidays are a time for celebration, it’s essential to be aware of the potential hazards associated with decorations. California homeowners have a legal duty to maintain a safe environment for their guests, and failure to do so can result in liability for injuries. By understanding premises liability law, following safety tips, and taking appropriate action after an accident, you can help ensure a safe and happy holiday season for everyone.