Holiday Inflatable Hazards: Who’s Liable if Yard Decorations Cause Injury?

The holiday season is a time for festive cheer, twinkling lights, and elaborate yard decorations. In fact, at least four in 10 homeowners put up Christmas lights, hang a wreath on the door, or set a Santa figure on the lawn. Among these festive choices, inflatable Christmas decorations have become increasingly popular due to their eye-catching designs and easy setup. However, amidst the inflatable snowmen and reindeer, potential hazards lurk. According to the Consumer Product Safety Commission (CPSC), around 160 Christmas decorating-related injuries occur each day during the holiday season. When these decorations cause injuries, the question of liability arises. Who is responsible when a holiday inflatable becomes a hazard?

Understanding Premises Liability

In many injury cases involving holiday decorations, premises liability laws come into play. These laws dictate that property owners have a responsibility to maintain a reasonably safe environment for visitors. This “duty of care” extends to invited guests, like friends and family, and sometimes even to those who are on the property for other reasons, such as delivery personnel.

If a property owner’s negligence leads to an accident involving holiday decorations, they may be liable for any damages suffered by the victim. A property owner may be negligent if they knew or should have reasonably known about the dangerous condition and did not take appropriate measures to remedy the situation.

Examples of Negligence:

Trip Hazards: Failing to secure extension cords, creating tripping hazards on walkways.
Falling Decorations: Improperly hung decorations, such as a wreath, falling on a guest.
Obstructed Pathways: Large inflatables blocking pathways, making navigation unsafe.
Electrical Issues: Using damaged or uncertified lights, leading to electrical shock or fire.
Icy Conditions: Not addressing icy conditions around decorations, causing slip and fall accidents.

Who Can Be Held Liable?

Several parties could potentially be held liable for injuries caused by holiday inflatable hazards:

Homeowners: Homeowners are responsible for ensuring their property is safe for visitors. This includes properly setting up and maintaining decorations, addressing potential hazards, and providing adequate warnings.
- Negligence in Property Maintenance: A homeowner may be liable if they fail to address hazards.
- Ignoring Safety Warnings: Homeowners might cause an accident by using decorations unsafely.
Manufacturers: If a defective inflatable decoration causes an injury, the manufacturer could be held liable under product liability laws. This includes issues such as poor design, manufacturing defects, or insufficient safety warnings.
Property Owners’ Associations (POAs): In some cases, POAs may have rules and regulations governing the use of inflatables. They may share liability for injuries if they fail to enforce these rules.
Professional Decorators/Installers: When hired for holiday displays, professional decorators or installers are expected to adhere to safety standards. Failure to do so could make them liable for any injuries stemming from their work.
Municipalities: If a person is injured due to poorly maintained decorations or unsafe conditions in a public space, the city or municipality responsible for the display may be held liable.

Common Holiday Inflatable Hazards

Understanding the common hazards associated with holiday inflatables is crucial for preventing injuries and determining liability:

Improper Setup: Inflatable decorations must be securely anchored to the ground to prevent them from toppling over or becoming airborne. Failure to do so can result in accidents, especially during windy conditions.
Electrical Hazards: Many inflatables require electricity to stay inflated, which means the use of extension cords and electrical connections. These can create tripping hazards or pose electrocution risks if not used correctly.
Defective Products: Defective string lights, pre-lit artificial trees, or faulty lawn inflatables can cause fires, electrical shocks, or injuries.
Slip and Trip Hazards: Holiday setups often involve tangled cords or large objects like outdoor inflatables that create slip and trip hazards.
Visibility Issues: Overly large inflatables can obstruct drivers’ views, potentially causing accidents in neighborhoods with heavy traffic.

Homeowners Insurance Coverage

Homeowners insurance can offer financial protection in case of holiday decoration-related accidents. It can help cover:

Damage to Your Home: If decorations cause a fire that damages your home, insurance can help with repairs or rebuilding.
Damage to Personal Property: If decorations are damaged or stolen, insurance can help with repair or replacement costs.
Injuries and Accidents: If someone is injured on your property due to your holiday decorations, liability coverage can help cover legal costs if you are sued.

However, it’s important to note that homeowners insurance may not cover all situations. For example, if the insurance company identifies negligence as the cause of the damage, they may deny the claim. This could include situations where you didn’t file a police report after a theft or vandalism, you were negligent when installing decorations which resulted in a fire, or you used holiday lights that weren’t certified safe.

Safety Tips to Minimize Risks

Prevention is key to avoiding holiday inflatable hazards and minimizing liability. Here are some safety tips to follow:

Inspect Decorations: Before installing decorations, check for broken bulbs, frayed wires, or other damage.
Use Outdoor-Rated Lights and Cords: Ensure all electrical components are designed for outdoor use and in good condition.
Secure Inflatables Properly: Use stakes, sandbags, or other methods to anchor inflatables securely to the ground.
Keep Walkways Clear: Ensure there is a safe and obvious walkway from the street to your front door, free of tripping hazards.
Provide Adequate Lighting: Keep walkways well-lit so people can see where they are walking.
Avoid Overloading Outlets: Use surge protectors to avoid overloading electrical outlets.
Check Weather Conditions: Be aware of weather forecasts and take down inflatables during high winds or heavy snow.
Supervise Children: Keep a close eye on children around inflatable decorations to prevent accidents.

What to Do If an Injury Occurs

If someone is injured due to your holiday decorations, take the following steps:

Provide Assistance: Offer immediate assistance to the injured person.
Document the Scene: Take photos of the area where the injury occurred, including the decoration setup, lighting, and any relevant conditions, such as ice or snow.
Collect Witness Information: If there are witnesses, gather their contact information.
Contact Your Insurance Company: Notify your homeowner’s insurance company about the incident.
Consult a Personal Injury Attorney: If the injury leads to legal action, consulting a personal injury attorney can help you understand your rights and responsibilities.

Conclusion

Holiday inflatable decorations can bring joy and festive spirit to your neighborhood, but they also pose potential hazards. By understanding premises liability laws, common risks, and safety tips, you can minimize the risk of injuries and protect yourself from potential liability. Remember, a little caution and preparation can go a long way in ensuring a safe and happy holiday season for everyone.

If you or a loved one has been injured due to a holiday decoration hazard, it’s important to seek legal advice. Contact our firm today for a consultation to discuss your rights and options.