The tradition of the Christmas tree is something many people look forward to all year long. As we enter the holiday season, countless homes and businesses all over the country are breaking out Christmas decorations and making room for that special tree. These conifers are beautiful to look at, but they can also be the source of injury-causing accidents. Both real and artificial trees can be hazardous for a number of reasons, but there are reasonable precautions that property owners can take to keep people safe. This is not just a moral or ethical obligation by the way; California’s premises liability laws hold owners responsible if an unsafe condition on their property caused harm and suffering to another individual.
If you or your loved one was injured by a Christmas tree on someone else’s property, contact our law firm to speak with a Christmas tree accident attorney. We will review the details of your accident and advise you of your available legal options.
Common Accidents involving Christmas Trees
Christmas tree displays are just about everywhere during the holiday season, including private homes, hotels, AirBNBs, in malls and in shopping centers. If you work in an office space, there’s a good chance that a lit and decorated tree is there to greet you every day. But a Christmas tree can be the source of serious accidents, including:
- Slip and fall
There are countless hazards that can cause you to be injured from a slip and fall near a Christmas tree. Slip and falls can happen due to water leaking from the basin, an ornament that’s fallen off, or even tree sap that’s dripped on to the floor. Consistent monitoring and cleaning of the area surrounding the tree can easily prevent these accidents.
- Trip and fall
Christmas trees typically involve string lights and ornaments with electrical components. The amount of wiring that’s needed can be substantial, especially in malls and shopping centers, where trees can be around 30 feet or higher. A trip and fall due to electrical wires is the likely result if cords and cables are not secured and placed away from high traffic areas. People can also trip and fall on Christmas ornaments or string lights that have fallen off the tree.
- Falling objects
Being hit with a falling ornament may not sound like a serious accident. But light-weight ornaments can inflict significant damage depending on the height from which they fall. It’s also worth noting that some of these ornaments are made of glass, metal, and other heavy materials. People can also sustain falling tree injuries if the entire tree falls over due to hazards like uneven flooring or an unstable tree basin.
- Christmas tree fires
Christmas tree fires in homes and retail premises can have tragic consequences. These accidents are more frequent with real trees, which can dry out and easily catch on fire. Owners must check the water level on their trees and turn off all Christmas lights before leaving the house or going to sleep. Trees should also be kept away from heat sources, like fireplaces, radiators, candles, and heat vents.
- Electric Shock
According to the Consumer Product Safety Commission, Christmas lighting is responsible for 20% of all life-threatening injuries resulting from holiday decorations. Electric shocks can happen from pinched cords (usually between furniture), frayed or worn cables, broken bulbs, and overloading outlets (typically from not using a power strip).
The truth is, most Christmas tree accidents are preventable with a little extra time and effort. If you’ve been injured due to a property owner’s failure to exercise reasonable care, you may have grounds to sue the owner for monetary damages. Our skilled and experienced attorneys are waiting to assist you, so call us today for a free consultation.
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Injuries from a Christmas Tree Accident
Staying safe during the winter holidays can be challenging for a number of reasons. Most people associate holiday accidents with icy pavements and snow piles, but an unsafe Christmas tree can lead to devastating injuries, such as:
- Head injuries (concussion, brain damage, etc.)
- Deep lacerations
- Permanent scarring
- First to fourth degree burns
- Seizures
- Nerve damage
- Neck injury
- Spinal cord damage
- Ankle sprain or fracture
- Hand / wrist fracture
- Hip fracture
- Loss of hearing / taste / vision / smell
- Knee injury
- Dislocated shoulder
- Paralysis
- Coma
- Death
During this time of the year, you may be under pressure to complete the holiday shopping and keep up a spirit of cheer. Going to the hospital may seem like something you can put off, but we implore you to seek medical attention right away. Injuries that appear superficial in the beginning can take a turn for the worse and leave you with permanent health complications. Immediate treatment will also generate a medical report, which is an essential piece of evidence for your injury claim. Once you’ve been examined by a doctor, please contact us to discuss the process of recovering compensation for your injuries.
Who can I Sue for my Accident?
Generally, most cases of Christmas tree accidents can be traced back to an act of negligence or misconduct by the property owner. If you were injured at a store, office building, or another type of commercial property, fault may also lie with an employee. Even if the owner is not directly responsible for your accident, they are vicariously liable if the employee’s negligence occurred within the scope of employment. For example, let’s say a janitor hired by the mall failed to put up Wet Floor signs around a leaking Christmas tree basin. If you slipped and fell on the puddle of water, you can sue the shopping mall, since the janitor’s negligence took place during the course of their job duties.
However, premises liability may not apply to a case if an outside company is responsible for your injuries. Negligence may be traced to an electrician, decorator, or another professional that’s not employed by the property owner. In that case, you may need to file a third party lawsuit against an entity other than the property owner, which can be a very complicated process. Or, you may have a product liability claim against the manufacturer for a defective tree, Christmas lights, ornaments, etc.
As you can see, it’s not always easy to figure out who you can sue for your injuries. Our job is to investigate your case and determine the best strategy for obtaining your compensation award. Contact our office to speak with a Christmas tree accident lawyer.
Restitution from a Christmas Tree Injury Lawsuit
An injury claim or lawsuit allows you to recover monetary restitution from an individual or entity that has caused you harm. The damages you are entitled to depend on whether you are the injury victim or the loved of someone who died as a result of the other party’s negligence. Below is a list of the economic and non-economic damages that may apply to your situation:
- Medical expenses
- Funeral costs
- Lost wages / loss of expected income
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of services / benefits
- Property damage
- Legal fees
- Punitive damages
Don’t worry if you are unfamiliar with some of these terms. By contacting us, you can speak with a personal injury or wrongful death attorney, who will answer your questions and advise you of the steps we can take to bring you justice.
Average Case Value of a Christmas Tree Accident Claim
What these cases are worth on average is a question we get from just about every injury victim we speak with. In truth, there are too many variables that are specific to each claimant, which are used to determine how much they are entitled to from the responsible party. The type of accident you’ve had is another critical factor. Slip and fall accidents, for example, can bring in around $300,000 and above when they occur on a commercial property. Settlements for a Christmas fire or electric shock accident can bring in anywhere from $100,000 to over $1 million, depending on the degree of injury.
Frankly, there is no “one size fits all” when it comes a settlement value. The good news is, our attorneys are available to review your case and provide you with an approximate value for the harm you’ve suffered. Just give us a call to schedule a free case evaluation.
Length of Time to Settle a Christmas Tree lawsuit
As with any injury claim, the length of time to recover a client’s payment can range from a few months to several years. At our law firm, the majority of claims are settled privately with the defendant’s insurance company within 6 to 8 months. However, the negotiation process can take longer depending on the other side’s reluctance to admit fault and make you a fair settlement offer. Twelve to 18 months may be needed to secure a fair amount of damages, particularly if you have long-term or lifelong health issues as a result of your accident. In the worst case scenario, 2 or more years may be needed to bring you the compensation you deserve.
How long do I have to File a Lawsuit?
The state of California gives you two years to file a lawsuit from the date of your Christmas tree accident, or the date of your loved one’s passing. There are a few exceptions to these rules, but they only apply in very limited circumstances. Thus, it’s more than likely that you will lose the right to monetary damages if you don’t file your lawsuit on time. Calling us right away and getting started on a claim is the best way to avoid this outcome.
Contact a Lawyer Experienced in Christmas Tree Injuries
An accident is the last thing anyone expects during the holidays, but there’s no denying the rate of serious injuries that are associated with trees, decorations, and other festive elements. Business and private home owners have the right to decorate their properties and set up Christmas trees throughout the premises. However, the zeal to erect that perfect Christmas tree must be tempered with sensible safety measures. If you sustained injuries from a Christmas tree due to a property owner’s negligence, you have the right to pursue a claim for compensation.
The personal injury lawyers of Normandie are ready to represent you in a Christmas tree accident case. We have what it takes to bring you maximum payment for your injuries, whether you are a new claimant or have an active claim that was filed with another law firm. That’s right – we can help you if you need a second opinion on a pending case. Whether you’re unhappy with your attorney or need clarification on your legal rights, our law firm is here for you 24/7. Best of all, our second opinion consultations are completely free, so there’s no risk to you in taking some to speak with us.
Whether you’re starting a claim or continuing an existing case with us, you are protected under the Zero fee guarantee. You won’t pay a cent to hire one of our attorneys, as all our expenses are deferred until the end of your case. Furthermore, we only get paid by recovering your settlement, so if we don’t win your case, you will not be charged for any legal fees. If you’re ready to learn more about your rights and legal options, contact our office at your earliest convenience.
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