What Families Should Know About Fire Safety and Liability
By Jonathan Young
Staying Safe as We Move from Fall Into the Festive Season
As the final leaves fall and temperatures turn cold, many households lean into the comforts of late autumn—lighting candles, building the first fireplace fire of the season, and decorating for the holidays. This time of year is full of warmth and celebration, yet it also marks one of the busiest seasons for home fires and burn-related injuries. With a little preparation and awareness, families can enjoy the season safely, and when accidents occur because of negligence or defective products, understanding your rights becomes especially important.
Candle Safety: A Seasonal Tradition with Serious Risks
Candles are an easy way to create a cozy atmosphere, whether they’re pumpkin-spiced jars left over from fall or decorative holiday candles arranged on a mantel. Unfortunately, they also remain one of the leading causes of home fires between November and January. Many of these fires begin when candles are placed too close to flammable décor like garlands, wreaths, or curtains, or when they are left unattended during gatherings. Pets and children can also unintentionally knock candles over, and some decorative holders are unstable or poorly designed. To reduce risk, candles should always be kept at least a foot away from anything that could ignite and extinguished whenever you leave the room. Sturdy, non-tip holders make a significant difference, and flameless LED candles can be a safer option for window sills, mantels, and table displays. When a candle or decorative item behaves unpredictably or catches fire due to a product defect, there may be grounds for a product liability claim.
Fireplace & Wood Stove Use
As fireplaces and wood stoves transition from occasional fall luxuries to regular household heating sources, their risks increase as well. Chimney fires, burns, and carbon monoxide exposure become more common as their use ramps up during colder weather and holiday gatherings. Before lighting the first fire of the season, it is wise to have the chimney professionally cleaned and inspected to ensure that the flue, damper, and chimney cap are working properly. Smoke and carbon monoxide detectors should be tested throughout the home. During use, a protective screen helps prevent sparks from escaping, and holiday decorations—especially stockings, garlands, and fabric—should be kept a safe distance away from the fireplace opening. Only seasoned firewood should be burned; wrapping paper, packaging, and treated lumber can ignite dangerously. Ashes should be allowed to cool completely before they are disposed of in a metal container. Homeowners, landlords, and property owners all have a responsibility to maintain safe heating systems, and failing to do so can create liability if someone is harmed.
Holiday Decorating Brings Added Fire Hazards
With holiday decorations appearing earlier each year, fire risks increase right alongside the excitement. Dry Christmas trees, overloaded outlets, aging light strings, and overheated decorative warmers contribute to thousands of fires during November and December. A fresh tree should be watered daily to prevent it from drying out, especially when placed near heat sources. Light strings with frayed wires or cracked bulbs should be replaced, and outlets should never be overloaded with multiple power-hungry decorations. Even electric candles and warmers can overheat if left on for extended periods or placed too close to combustible materials. When lighting or décor malfunctions or overheats, the issue may be related to a defect in the product, and the manufacturer may be responsible for resulting injuries or property damage.
Fire Pits & Outdoor Gatherings
Many families continue hosting outdoor gatherings well into late fall, particularly around Thanksgiving and early holiday celebrations. Fire pits are wonderful for bringing people together, but they must be used responsibly. They should be placed safely away from homes, garages, and trees, and never left burning unattended—even when the fire seems to be dying down. Children and pets should be closely supervised, and a hose or fire extinguisher should be kept nearby. If a guest is injured due to unsafe conditions, poor lighting, or lack of supervision, they may have rights under premises liability law.
What To Do If a Fire-Related Injury Occurs
Despite precautions, accidents can still happen. If you or a loved one suffers a fire-related injury, medical attention should be the first priority. Once the situation is safe, documenting the scene is extremely important. Photos of the hazard, the defective item, the layout of the space, and any resulting damage can help preserve key details. Witnesses should be identified, and any product involved—such as a candle, lighter, defective decoration, or fire pit component—should be preserved rather than thrown away. Speaking with a personal injury attorney can help you understand who may be responsible and what options are available, whether the incident stems from a defective product, unsafe property conditions, or negligence.
The transition from fall to the holiday season should be a time of comfort and celebration. With a little caution, families can keep their homes safe while enjoying all the warmth and beauty this season has to offer. And if an unexpected fire-related injury disrupts your plans, our firm is here to help you understand your rights, explore your options, and move forward with confidence.
Dischell Bartle Dooley is committed to helping families stay safe this season—and supporting those who are harmed by preventable hazards. If you need legal advice, reach out to Jonathan Young at 215.362.2474.