December and early January are peak season for holiday-related home fires. Dried Christmas trees, overloaded light strings and unattended candles can turn a quiet night into a 911 call in seconds. National Fire Protection Association (NFPA) data for 2018 to 2022 show U.S. fire departments responded to an average of 155 home fires a year that started with Christmas trees, and 36 percent of those fires happened in January, after trees had dried out.
If you were burned or hurt in a tree, light or candle fire at someone else’s home, a rental property or a holiday event in Georgia, you may have a claim against a property owner, a manufacturer or both. Who is responsible depends on where the fire happened, why you were there and what caused it.
Key Takeaways
- Get medical care right away. Burns and smoke inhalation can get worse over the first hours and days.
- Save the lights, cords, power strips, candle holders and smoke alarms. Physical evidence often decides these cases.
- Georgia law sets different duties for business customers, tenants and social guests, which affects who can be held responsible.
- Manufacturers of defective lights, cords or candle products can be held strictly liable under O.C.G.A. § 51-1-11.
- Most Georgia injury claims must be filed within two years (O.C.G.A. § 9-3-33).
Why Holiday Fires and Injuries Happen
Live trees dry out fast, especially near heat vents and fireplaces. Extension cords get daisy-chained, and older light strings can have cracked sockets or damaged insulation. Candles placed near curtains or decorations can ignite them within minutes, and during celebrations people step away from open flames longer than they realize.
Decorating itself causes injuries too. The CPSC estimates about 14,900 people were treated in emergency rooms for holiday decorating injuries during the 2022-2023 season, about 160 a day, with nearly half involving falls.
Who May Be Liable Under Georgia Law
Responsibility depends on where and how the fire happened.
Businesses, Venues and Event Hosts
If you were a customer or paying guest at a store, restaurant, event venue or holiday party held by a business, you are generally an invitee. The owner must use ordinary care to keep the premises reasonably safe (O.C.G.A. § 51-3-1), which can include safe decorations, working alarms and clear exits.
Private Homes and Social Guests
Georgia courts generally treat social guests at a private home as licensees. Under O.C.G.A. § 51-3-2, an owner is liable to a licensee only for willful or wanton injury, which is a harder standard to meet. Courts have applied it to situations such as an owner knowingly leaving a hidden danger in place without warning. The host’s homeowners policy may still matter, so these cases need a careful look at the facts.
Landlords and HOAs
Landlords and HOAs may be responsible for hazards in common areas they control, such as broken exterior lights, blocked exits or failed alarm systems. A landlord who has fully turned over possession to a tenant is generally responsible only for defective construction or failure to keep the premises in repair (O.C.G.A. § 44-7-14).
Manufacturers and Sellers
If defective lights, extension cords, artificial trees or candle products malfunctioned, the manufacturer may be strictly liable under O.C.G.A. § 51-1-11. Several parties can share fault, and identifying all of them early can expand the insurance available. Learn more about premises liability claims.
What to Do Right After a Tree or Candle Fire
- Get medical care now. Tell clinicians exactly what happened, including smoke exposure.
- Photograph the scene: the tree and stand, light strings, power strips, candle holders and the room layout, including distance to curtains and furniture.
- Save all components. Bag the lights, cords, plug adapters, blown fuses and candle remnants. Don’t throw anything away.
- Check the alarms. Photograph smoke and CO alarms, note whether they sounded, and keep the devices and batteries.
- Identify witnesses and video. Get names and numbers, ask that doorbell or interior footage be preserved, and get the fire report number.
- Keep statements to insurers short and factual until you have spoken with a lawyer.
- Follow all treatment plans and keep receipts and a simple recovery log.
Insurance Paths That May Help
- Homeowners or renters liability coverage at the property where you were hurt may pay for medical bills, lost wages, scarring treatment and pain and suffering when negligence is proven.
- Medical payments (MedPay) coverage on some homeowners policies can help with early medical bills regardless of fault.
- Manufacturer or seller coverage may apply if a product was defective.
- Your health insurance keeps treatment moving while liability is sorted out.
Injuries, Damages and Mistakes to Avoid
Holiday fires can cause thermal burns to the hands and face, injuries needing skin grafts, smoke inhalation and breathing problems, eye injuries, cuts from broken glass and falls during evacuation. A claim can include ER and follow-up care, surgery and rehab, future medical needs, lost wages, scarring and disfigurement, pain and suffering and damaged personal property. When a fire is fatal, families may have a wrongful death claim.
Mistakes that can reduce a claim’s value include throwing away light strings or candle remnants, washing soot from clothing before photographing it, gaps in medical care, giving a recorded statement too early and posting videos of the fire online. Adjusters may use any of these against you, as our guide to insurance lowball tactics explains.
Safety Tips for the Rest of the Season
- Water live trees daily and remove them promptly after the holidays. NFPA data show the risk continues into January as trees dry out.
- Keep trees away from heat sources such as fireplaces, space heaters and vents.
- Inspect lights for cracked sockets, frayed wires or loose connections, and replace damaged sets. Don’t daisy-chain power strips.
- Keep candles at least 12 inches from anything that can burn, as the U.S. Fire Administration recommends, and never leave them unattended. Consider flameless candles.
- Use ladders carefully when decorating, since falls account for nearly half of decorating injuries, according to the CPSC.
Frequently Asked Questions
Can I Sue If I Was Burned at a Friend’s Holiday Party?
Possibly, but it is harder than a claim against a business. Georgia generally treats social guests as licensees, and an owner is liable to a licensee only for willful or wanton injury (O.C.G.A. § 51-3-2). If a defective product caused the fire, a claim against the manufacturer may be a stronger path.
Who Pays If Defective Christmas Lights Caused the Fire?
The manufacturer may be strictly liable for a defective product under O.C.G.A. § 51-1-11. Keep the lights, cords and packaging so they can be tested. Retailers that did not make the product are generally not strictly liable but can be liable for their own negligence.
Does Homeowners Insurance Cover Injuries to Guests?
Many homeowners and renters policies include liability coverage for injuries caused by the policyholder’s negligence, and some include MedPay for early medical bills regardless of fault. Coverage depends on the policy language and the facts.
How Long Do I Have to File a Fire Injury Claim in Georgia?
Most personal injury claims must be filed within two years (O.C.G.A. § 9-3-33), and property damage claims generally within four years (O.C.G.A. § 9-3-31). Claims involving government property can have much shorter notice deadlines, so don’t wait.
If a Christmas tree, light or candle fire turned your holidays upside down, don’t accept a quick offer that ignores long-term costs like scarring and future care. The Gunn Law Group offers a free, no-obligation consultation, and you pay no attorney fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866).
