Common Holiday Injuries And Your Legal Rights

The holiday season should be a time for joy and celebration, spent with family and loved ones. Even so, with all the hustle and bustle of the season, it’s not uncommon to get injured. While no one wants to think about getting hurt at this time of year, the team at Shiner Law Group has compiled a few things to look out for, so you can better protect yourself and your family. Here are some of the most common injuries that occur during the holiday season, and what you can do to stay safe all year round.

Food Poisoning And Holiday Illness

Food poisoning and associated illnesses are among the major injuries that people encounter when on their holidays. This could happen when travelling to just about any destination, at home or abroad. Food poisoning may be caused due to various reasons including but not limited to:

Lack of potable water or water that has not been filtered or subject to other purification processes;

  • Undercooked food
  • Food that has been allowed to rot by not being stored properly;
  • Lack of proper protocols for hygiene while preparing and storing meals;
  • Lack of sanitation and improper cleaning of premises where you are staying;
  • Negligence on the part of the hotel staff by using out-of-date food for cooking.


Food poisoning can cause diarrhoea, dehydration, nausea, sickness, cramps, dizziness and fever among other issues and can completely ruin a holiday.

If you have suffered food poisoning while on holiday and want to be compensated you should be doing all you can to strengthen your case while still on the holiday if possible. Complain immediately to your hotel and/ or travel company representative. Visit the doctor and seek medical advice – make sure to save any prescription receipts and any other expenditures. If unclean areas or visibly poor standards of hygiene are visible, get pictures or video evidence.

Car Accidents

The holiday season, while a time for joy and celebration, unfortunately also sees a significant increase in car accidents. Various factors contribute to this rise, including increased travel, alcohol consumption, stress, and challenging weather conditions.

The Department of Transportation’s Fatality Analysis Reporting System (FARS) indicates that deadly crash rates are 4% higher on Thanksgiving than on an average day. According to the National Safety Council (NSC), 345 people died on U.S. roads during the 2022 Christmas Day holiday period. In addition, 408 people died on New Year’s last year.

If you know you’ll be drinking, arrange for a designated driver or use public transportation or ride-sharing services. If you are on the road this holiday season, be extra cautious of other drivers who may be impaired and report any suspected drunk drivers to law enforcement.

Slip and Fall Accidents

Slip and fall accidents can happen in someone’s home, or in a public place like a restaurant, mall, or grocery store. The week following Thanksgiving and the week leading up to Christmas are the busiest times to shop of the entire year due to people buying gifts or stocking up on holiday treats at different stores. With so many people trying to get their errands done, you’re likely to see a more aggressive crowd and injuries become more common. Sometimes, at restaurants or grocery stores, liquids get spilled and don’t get cleaned up promptly, which can result in a slippery surface. It’s also common to trip on unsecured carpet or other hazards. Slips and trips can result in back and neck injuries, concussions, broken bones, and other injuries and are particularly serious for the elderly.

When you’re stringing up holiday lights on your roof or at the tops of tall trees, make sure to properly adjust your ladder and place it on a solid, stable surface to prevent falls. Stay centered on the rails of the ladder and remember to move it, rather than overreach. Also, tape down decorations like tree skirts and loose extension cords to prevent them from becoming a tripping hazard.

Cuts and Lacerations

It is also worth mentioning that holiday decorating or related activities may result in cuts or lacerations. While many of these injuries may seem minor, it is important to always be on the lookout for hazards to be safe, rather than sorry. We suggest ensuring ornaments are placed high enough on your tree if you have pets or children, or even blocking them from going near it. Fallen ornaments can not only become a tripping hazard but if shattered someone may step on broken pieces. Shatter-proof ornaments are a great option, as well.

As with any other time of the year, use caution when operating knives in the kitchen and serving meals, and always cut away from yourself. Having a pair of scissors or a safe box opener on hand while opening presents is also helpful, as it may deter people from improvising on particularly stubborn gift wrap with pocket knives or other sharp apparatuses. It is not unheard of for people to receive bad paper cuts on gift wrap as well, so exercise caution during all the excitement of the holidays.

Elevator and Escalator Accidents

Elevators and escalators see a lot of action during the holiday season, and when they aren’t properly maintained, it can lead to serious accidents that cause serious injuries. Consider the following scenarios:

Escalators that are calibrated to move too quickly greatly increase the chances that accidents will happen.
Overly crowded escalators put everyone on them at risk.
Elevators that don’t stop flush with the ground are a tripping hazard.
Elevators that jerk into motion and jolt to stops can cause injuries.

Burns and Fires

Whether you’re cooking over a hot stove, taking your famous pumpkin pie out of the oven, lighting festive candles, or throwing some logs on the fireplace, burns can happen at any time when you’re close to a heat source or open flame. If possible, to prevent burns, keep additional people out of the kitchen and away from hot stoves and surfaces. To avoid being scalded by hot foods, wait a little while before serving yourself or digging into your favorite dish, and don’t forget the potholders!

House fires can also be an issue during this time of year, as many people decorate with Christmas trees, candles, and holiday lights, inside and outside of their homes. If you’re buying a real Christmas tree, be sure it’s fresh and not too dried out (look for fresh, sticky sap), and always keep it away from sources of flame and heat like heaters, fireplaces, and candles. Before plugging in electric decorations like lights, check the wiring and sockets to make sure nothing is frayed or creates dangerous sparks. And always put candles on stable, fireproof surfaces away from pets and out of reach of children, so that they can’t tip over.

Holiday-Related Product Injuries

Many people purchase new products during the holidays, including toys, electronics, and kitchen appliances. Unfortunately, some of these products can be defective or dangerous. Whether it’s a child’s toy with a choking hazard or a kitchen appliance that causes burns, holiday product injuries are common.

If you or a loved one is injured due to a defective product, you may have the right to file a personal injury lawsuit against the manufacturer. A personal injury lawyer can assist in proving that the product was defective and that it directly caused your injury.

Workplace Injuries During Seasonal Employment

The holiday season often brings temporary or seasonal jobs, particularly in retail and shipping. Unfortunately, seasonal workers are at a higher risk for workplace injuries, especially if they are not properly trained or if safety precautions are overlooked. Injuries can range from slips and falls in busy retail environments to overexertion injuries from lifting heavy packages.

If you’ve been injured while working a seasonal job, you may be entitled to workers’ compensation benefits. However, in some cases, filing a personal injury lawsuit may be an option, especially if a third party was responsible for the injury.

Staying Safe This Holiday Season

Though you should be vigilant about the above issues all year long, the hustle and bustle of the holidays and the joy of the season can sometimes cause us to forget about the hazards that surround us every day. Much of staying safe during the holidays involves common sense. Things, like not drinking and driving, not leaving hot stoves or candles unattended, and not eating too quickly, may seem obvious. But by just taking a little time to remember these dangers, we can prevent a tragedy from happening during this time.

Whether you’re entertaining at your own home, traveling out of town to celebrate with others, or just spending your time shopping for the best deals on presents, a holiday safety checklist can help you be prepared for the unexpected. Many of the types of accidents detailed on this list can be prevented by staying alert and aware.

Know Your Legal Rights and When to Pursue a Personal Injury Claim

Pursuing a personal injury claim as soon as possible following an accident is critical. Acting quickly helps safeguard your legal rights, preserves critical evidence, and raises the chances of a favorable outcome.

Steps to Take After a Holiday Injury

  • If you are injured during the holidays, the following actions are essential:
  • Seek Medical Attention: Immediate medical attention is critical since some injuries may not be obvious at first.
  • Document the incident: Take photographs of the accident scene, obtain contact information from witnesses, and save any medical documents.
  • Report an Incident: Notify the property owner, management, or police of the accident as soon as possible.
  • Consult a Personal Injury Attorney: A knowledgeable attorney can assist you in determining if you have a valid claim.

In Conclusion

There is no denying that life is full of risk, but it is important to keep in mind that things become riskier still around the holidays. When you drive, there’s more traffic to contend with, there’s a greater risk of sharing the road with impaired drivers, and there are delivery trucks everywhere, not to mention the fact that the parking lots court mayhem. The holidays also turn up the heat in terms of home fires, falls related to decorating, and even painful emotional upheaval. Finally, shopping is no picnic. Have yourself a happy little holiday season, but don’t let your safety get lost in the shuffle.

Having an expert legal team on your side can provide you with the support and knowledge you need to make a successful claim. The Law Office Of Udo Ezeamama is a Texas team of personal injury lawyers, and we can help you make your case and get compensation.

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