Florida Holiday Injury Guide: Halloween Through Christmas

Keith Petrochko • October 1, 2025

Trick-or-treat yards, home décor, bubble “snow” machines, ice slides, malls, haunted houses, and city events


The holiday season should bring joy, but it also brings an increase in preventable accidents. According to the U.S. Consumer Product Safety Commission, nearly 15,000 people were treated in emergency departments for holiday decorating related injuries during the 2023 season, and almost half involved falls 


In Central Florida, from Daytona Beach holiday parades to Orlando haunted houses and Sanford Christmas light displays, families gather to celebrate. When homeowners, HOAs, schools, churches, or businesses overlook hazards, serious injuries can occur. Florida premises liability law gives victims the right to seek compensation when unsafe holiday conditions cause harm.


Florida Premises Liability Duties


Invitees


Invitees include customers, HOA guests, and members of the public who attend holiday events. Trick or treaters, carolers, and parade attendees are treated as invitees when property owners or communities encourage participation. These guests are owed the highest duty of care, which includes inspection for hazards, maintenance of safe conditions, and warnings about dangers. See Wood v. Camp, 284 So. 2d 691 (Fla. 1973).

ly with an attorney.


Licensees


Licensees are social guests, such as friends invited to a Christmas dinner or private party. Property owners must warn licensees of known dangers but are not required to inspect for hidden ones. See Post v. Lunney, 261 So. 2d 146 (Fla. 1972).


Trespassers


Trespassers enter property without permission or legal right. Florida separates trespassers into undiscovered and discovered, and the duties differ. See § 768.075, Fla. Stat. (2025).


  • Undiscovered trespassers. Owners must refrain from intentional misconduct and have no duty to warn of dangerous conditions.


  • Discovered trespassers. Once aware of a trespasser, owners must refrain from gross negligence or intentional misconduct and must warn of hidden dangers.


  • Child trespassers. Florida law recognizes that children cannot always appreciate risks. If something on a property is likely to draw children in—such as swimming pools, trampolines, construction sites, or modern holiday attractions like giant inflatable snow globes, oversized light displays, or animatronic decorations—the property owner cannot treat kids as ordinary trespassers. This is called the attractive nuisance doctrine. Owners must take reasonable steps to protect children, such as fencing a pool, locking gates, or securing decorations, even if the children are not invited. This doctrine applies only to children. Florida courts have not extended it to adults, even those with mental disabilities, though those individuals may still have rights under ordinary premises liability law. See Carter v. Livesay Window Co., 73 So. 2d 411 (Fla. 1954).


Holiday Hazards in Florida


Trick or Treat Hazards


  • Loose cords stretched across dark sidewalks
  • Fog machines that obscure curbs and steps
  • Startle injuries when visitors stumble into hazards after a scare


Carolers and Christmas Displays


  • Dim lighting, uneven walkways, and artificial snow that creates slippery surfaces
  • Rooftop lights, inflatables, or trees that collapse if not secured


Parades and Public Gatherings


  • Candy tossing that draws children into parade routes
  • Poorly marked bleachers or sidewalks that cause trip and fall accidents
  • Inadequately supervised floats and vehicles that can cause crush injuries


Haunted Houses and Seasonal Attractions


  • Dark rooms that hide unsafe steps
  • Scare actors who grab or block patrons
  • Bubble snow and ice slides that require constant monitoring
  • Real-world example: In August 2025, Universal Orlando’s Terrifier haunted house at Halloween Horror Nights was temporarily shut down after flooding created slippery paths. Guests reported slips, including one who claimed injury after being startled in the wet maze. This shows how theatrical effects like water and lighting can create very real hazards when not controlled


Acceptable Versus Unacceptable


Acceptable practices are those that show organizers and property owners took reasonable steps to anticipate hazards and protect guests:


  • Barricaded parade routes with trained volunteers. Children are naturally drawn toward floats and candy. Properly placed barricades, combined with volunteers monitoring the crowd, help prevent accidents and keep attendees safely separated from moving vehicles.


  • Clearly marked exits in haunted houses and seasonal attractions. Attractions designed to scare or disorient must still provide safe and obvious exit routes. Emergency lighting, signage, and staff direction are required to prevent panic or injury in dark conditions.


  • Secured and well-lit decorations. Large inflatables, rooftop lights, and elaborate displays should be anchored and illuminated to avoid collapse, tripping hazards, or electrical fires. Adequate lighting of walkways helps guests avoid steps, cords, and uneven surfaces.


Unacceptable practices show a disregard for foreseeable dangers and often lead directly to injury:


  • Cords stretched across walking paths. Even when partially concealed, extension cords running across sidewalks create trip hazards, particularly at night when visibility is poor.


  • Lighting effects or fog that obscure stairs. Holiday lighting, strobes, or fog machines that hide steps or curbs can cause falls and injuries that could have been prevented with better placement or warnings.


  • Bubble snow or artificial ice left to pool. Artificial snow solutions and ice machines are fun but can leave slippery residues. Failing to mop or cordon off areas where water collects creates dangerous slip conditions.


  • Scare actors physically grabbing patrons. Haunted house actors may surprise guests, but physically restraining, pushing, or grabbing visitors creates unnecessary risk of falls or panic-related injury.


  • Candy thrown into unprotected streets. Parade organizers who toss candy into active traffic areas encourage children to dart into roadways, a foreseeable and unacceptable danger without proper barricades and crowd control.


Waivers and Holiday Events


Holiday attractions, parades, skating rinks, and haunted houses often require guests to sign waivers before participating. Under Florida law, a waiver may release an owner or organizer from liability for ordinary negligence, but it cannot shield them from claims involving gross negligence or intentional misconduct. Further, parents cannot waive negligence claims on behalf of their minor children.


Many people mistakenly believe that a signed waiver ends the inquiry. That is not correct. Courts scrutinize waiver language and often strike down provisions that are unclear or overly broad. For a deeper explanation and examples of how we challenge waivers, see our waiver article: here.


Insurance and Medical Costs


Holiday injury claims are most often paid by homeowners, renters, business general liability, or special event policies. If an HOA, school, church, municipality, or parade organizer is involved, there may be multiple layers of coverage, including a master policy and excess coverage. Many policies include medical payments coverage, often called MedPay, that can pay a modest amount regardless of fault. MedPay limits are frequently small, such as one thousand dollars or five thousand dollars, but they can bridge the gap while liability is investigated.


Health insurance usually pays first for emergency care and follow-up treatment. Repayment obligations may apply. Private health insurers, Medicare, and Medicaid frequently assert reimbursement rights from the liability recovery. Hospitals sometimes file liens, and some providers treat under a letter of protection. We address each of these during settlement to maximize your net recovery.


Florida law regulates what evidence of medical charges a jury may hear. § 768.0427, Fla. Stat. (2025) limits proof of past and future medical expenses and requires disclosure of letters of protection. Keeping bills, receipts, and insurance explanations of benefits helps us present admissible, credible damages under § 768.0427, Fla. Stat. (2025).

If a public entity is involved, sovereign immunity rules and damage limits apply, and written notice requirements can affect timing. See § 768.28, Fla. Stat. (2025).


Deadlines matter. Florida generally sets a two-year statute of limitations for negligence actions. See § 95.11, Fla. Stat. (2025).



Common Defenses Raised by Property Owners


  • Open and obvious. Owners argue the hazard was so open and obvious that a warning was unnecessary. This defense does not eliminate the separate duty to maintain the premises in a reasonably safe condition. Evidence of poor lighting, crowd control failures, or holiday effects such as fog can defeat it.


  • Comparative negligence. Defendants claim the injured person failed to watch their step or ignored warnings. Florida follows comparative fault. If a claimant is more than fifty percent at fault, recovery may be barred in most negligence actions. See § 768.81, Fla. Stat. (2025).


  • Lack of notice. Businesses contend they did not know about the condition and did not have time to fix it. For transitory foreign substance cases in business establishments, plaintiffs must prove actual or constructive knowledge. See § 768.0755, Fla. Stat. (2025).


  • Express waiver or assumption of risk. Organizers point to a signed waiver. We evaluate enforceability under Florida law, especially where the language is unclear or overbroad and where minors are involved. Your separate waiver article explains this in depth.


  • Causation and preexisting conditions. Insurers argue that symptoms stem from prior injuries or gaps in treatment. We document the timeline, obtain treating physician opinions, and secure contemporaneous photographs and surveillance video preserved by demand letter.



Steps to Take if Injured at a Holiday Event


  1. Seek immediate medical care.
  2. Notify the property owner or event organizer.
  3. Photograph the scene, including decorations, cords, lighting, puddles, and crowd conditions.
  4. Collect witness names, phone numbers, and video if available.
  5. Speak with an attorney before giving recorded statements to insurers.


Frequently Asked Questions


Can I sue if my child was hurt at a holiday parade?
Yes. Parade attendees are invitees and owed the highest duty of care. See Wood v. Camp, 284 So. 2d 691 (Fla. 1973).


What if I was partly at fault?
Florida comparative negligence law reduces damages by your share of fault. Being more than fifty percent at fault may bar recovery. See § 768.81, Fla. Stat. (2025).


Are haunted houses responsible for injuries?
Yes, when hazards are concealed or staff conduct is unsafe despite foreseeable risks. See Owens v. Publix Supermarkets, Inc., 802 So. 2d 315 (Fla. 2001) and § 768.0755, Fla. Stat. (2025).


Do trespasser rules apply to curious children?
Yes. Florida recognizes the attractive nuisance doctrine. See Carter v. Livesay Window Co., 73 So. 2d 411 (Fla. 1954) and § 768.075, Fla. Stat. (2025).


Does insurance cover holiday accidents?
Yes. Homeowners, renters, or event insurance often applies. MedPay may provide limited coverage regardless of fault.


Case Law for Those Who Want to Know



Conclusion


The holidays should not end in hospital visits or unpaid bills. Across Central Florida, from Daytona Beach to Orlando, DeLand, Sanford, Volusia County, and Flagler County, preventable hazards cause serious injuries when owners and organizers ignore basic safety. Florida law holds them accountable.


If you or your child suffered harm at a parade, haunted house, school event, church function, or neighborhood display, you may be entitled to compensation for medical costs, lost wages, and pain and suffering. Contact My Affordable Attorney for a free case evaluation and to learn how to get a strong fight, priced right. Our 25 percent flat contingency fee means you keep more of your recovery.