It is hard to believe, but it’s that time of year again when thoughts turn to snow, mistletoe, presents under the Christmas tree, and, of course, how to protect your family from a Christmas tree fire disaster.
Most historians agree Christmas tree traditions were first popularized in 1500s Germany, rooted in ancient winter solstice celebrations. Every year on December 24, families displayed what they called “paradise trees” decorated with apples, nuts, wafers, or cookies in their homes. In 1845, German brewer and innkeeper, Peter Luelsdorf, brought the first modern Christmas tree to Ljubljana, Slovenia, the country’s capital, and erected it in his small inn. Other German officials, craftsmen, and merchants quickly began spreading the tradition across Europe. By the 19th century, German-born Prince Albert, husband of Queen Victoria, popularized Christmas trees in England. Victorian trees were decorated with toys, candies, and popcorn strings. As Germans migrated, they brought their Christmas trees from country to country, including the United States in the 1830s. Godey’s Lady’s Book, an American publication, published an 1848 illustration of British royals with a Christmas tree, further popularizing the trend. By the 1870s the Christmas tree tradition was solidified in America.
I know what you’re thinking… “that’s great and all, but what I really want to know is how concerned do I really need to be about my Christmas tree catching on fire?”
Once a Christmas tree’s branches begin to sag or when needles drop, it is a clear indication the tree is drying out and should be taken down immediately. In this physical state, the Christmas tree is a fire hazard. The good news is Christmas tree fires are not common. According to the National Fire Protection Association, from 2018 through 2022, fire departments responded to an average of 155 Christmas tree fires per year.
The leading cause of Christmas tree fires are tree lights short circuiting. For example, in 1990 a 23 month old child’s hands were burned when lights ignited the tree (Smaldino v. Costco Companies Inc.). In 1992, another infant’s face, neck, hands, arms, and upper chest were severely burned, resulting in extensive tissue damage, scarring, and brain injuries. His injuries allegedly permanently effected his cognitive and vocation abilities (Aguilar v. Dayton Hudson Corp). It is important that you inspect tree lights regularly for outages, fraying or other damage and dispose of them when appropriate.
The second most common cause for Christmas tree fires is proximity to heat sources. In 1993, a family were all severely injured when their Christmas tree was unintentionally left near a wall heater after workers moved it for repairs. The tree was too close to the heater, which caused it to ignite (Castro, Pro Ami v. Greico Brozick).
As such, it is important once your tree is put on display that you stay ever vigilant to avoid Christmas tree fires. If precedence can teach us some lessons, be sure to inspect the string lights, check for wilting and drying needles, and keep the Christmas trees far from the heaters.
Oh, the weather outside is frightful.. But the fire is so delightful.. And since we’ve no place to go… Let it snow! Let it snow! Let it snow! (Song by Dean Martin)
About the Author
Darren Salute’s practice includes counseling clients and litigating civil and business matters. He has litigation experience in many areas of law including business litigation, franchise litigation and registration, intellectual property, trademark, copyright, trade dress and trade secret infringement, real estate, unfair competition, and related business torts.