The holidays are a time of year known for many things—presents, parties, and, of course, injuries. The injuries sustained over the holidays can be minor or quite severe, but statistics reveal that the holidays in Florida see an increase in accidents.
Injuries over the Florida holidays can result from an unlawful act or the negligence of another, which is why anyone injured in an accident should seek out the counsel of an experienced attorney to help with their personal injury case.
Here is what every Floridian must remember when it comes to holiday accidents, no matter how they come about.
The Causes of Holiday Accidents
According to the United States Consumer Product Safety Commission, some common causes of holiday accidents contribute to the rise in them this time of the year.
Toys
It’s unfortunate that the toys children love to get for Christmas sometimes end up hurting them. According to the CPSC, 150,000 children had toy-related injuries in 2020, and several deaths occurred. Choking on small parts associated with toys was the biggest cause of death, but non-motorized scooters also account for many injuries and emergency room visits each year.
The moral of this story is that even if a toy is for sale in a store, it doesn’t mean there are hazards associated with the toys. If you or your child are injured, get medical treatment, but also consult with an attorney to see if you have a case.
Cooking
People love to cook over the holidays, so it makes sense that there would be an increase in cooking-related injuries this time of the year.
Cooking fires are the number one cause of fires in the home that injure or kill people each year. One of the most significant risks of fires is the popular turkey fryers people like to use. Severe burn injuries are associated with these devices. If you’re in the kitchen this holiday season, protect yourself and be careful in the kitchen.
Decorating
Many people love to put up decorations inside and out this time of year, but that simple activity is not without risks to your health. People’s decorations also include a risk of electrocution, burn injuries, and fires in the home.
Falls are also a significant source of injuries related to decorations each year in Florida. Also, candles left unattended and real Christmas trees that are dry are also problematic and lead to fires that can injure your family.
Driving Under the Influence and Car Accidents
Many celebrations over the holiday season involve alcohol, so it should be no surprise that more people drive drunk during this time. DUIs also lead to car accidents, another accident that sees an increase over the season. Of course, motor vehicle accidents occur from distracted driving and fatigued drivers.
What If You’re Injured?
The personal injury claim you can make for the holiday accident depends on the accident.
Motor Vehicle Accidents
Florida is a no-fault state, but that doesn’t mean you have no recourse if you are injured due to another driver’s negligence. You carry your own Personal Injury Protection insurance in Florida, but you can file a personal injury claim if a severe injury results from the accident. Under the law, serious injuries include permanent injuries, cause death, cause permanent and significant disfigurement or scarring, or cause permanent and significant loss of a function of the body.
Talk to an experienced attorney if you have grounds to bring a personal injury claim due to an accident.
Product Liability
Another type of lawsuit that can arise from a holiday accident is a product liability claim. These types of claims are filed when a defective consumer product injures someone. Under state law, manufacturers of these products must ensure the product is safe for consumers. A product liability claim can be pursued if it’s unsafe and causes injury.
Negligence
Sometimes, a person is injured because someone acts in such a way as to fall below the standard used by reasonable people, which ends up causing harm to someone else. These can be misleading claims to prove since specific elements must happen, but you can meet with an attorney to find out if you have a case that satisfies these elements so you can move forward with your claim.
About the Author:
Andrew Winston is a partner at the personal injury law firm Winston Law. For over 20 years, he has successfully represented countless people in all personal injury cases, focusing on child injury, legal malpractice, and premises liability. He has been recognized for excellence in representing injured clients by admission to the Million Dollar Advocates Forum and named one of America’s Top 100 High-Stakes Litigators. Mr. Winston is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys a 10.0 rating by AVVO as a Top Personal Injury Attorney, and has been selected as a Florida “SuperLawyer” from 2011-2022– an honor reserved for the top 5% of lawyers in the state – was voted to Florida Trend’s ”Legal Elite,” recognized by Expertise as one of the 20 Best Fort Lauderdale personal injury attorneys, named one of the Top 100 Lawyers in the Miami area for 2015-2022, and one of the Top 100 Lawyers in Florida for 2015-2017 and 2019-2022.
