“Twelve Claims of Christmas: Legal Issues That Spike During the Holidays”

By Davis Law Group Trial Attorneys

The holiday season brings joy, family gatherings, and festive celebrations. Yet, it also brings a unique set of legal challenges that many people do not anticipate. The mix of travel, money, purchases, and agreements often leads to misunderstandings and disputes. From custody disagreements to property damage, the holidays can become a time when legal issues spike unexpectedly. Understanding these common problems can help you prepare and avoid unnecessary frustration.

Custody Disputes Around Travel and School Breaks

Holiday breaks often mean travel and changes in routine, which can complicate custody arrangements. Parents sharing custody may disagree on travel plans, pick-up and drop-off times, or where children should spend the holidays. These disputes can escalate quickly if communication is unclear or agreements are vague.

Example: A parent plans to take their child on a holiday trip out of state but fails to get consent from the other parent. This can lead to legal action to enforce custody terms or modify visitation rights.

To avoid conflicts:

• Review custody agreements well before the holidays.

• Communicate clearly and early about travel plans.

• Put any changes in writing to avoid misunderstandings.

  
  

Property Damage at Gatherings

Holiday parties and family gatherings often involve decorations, food, and sometimes alcohol. Accidents happen, and property damage can occur to homes, rental venues, or neighbors’ property. Determining responsibility can be tricky, especially if the damage is accidental or caused by a guest.

Example: A guest accidentally breaks a valuable vase during a holiday party. The host may expect the guest to pay for repairs, but without clear agreements, disputes arise.

Tips to prevent issues:

• Use rental agreements that specify liability for damages.

• Inform guests about house rules and fragile items.

• Consider event insurance for larger gatherings.

  
  

Business Chargebacks or Nonpayment

Businesses often experience a surge in sales during the holidays, but this also means an increase in chargebacks or nonpayment issues. Customers may dispute charges for online orders, event bookings, or services, leading to financial losses and legal headaches.

Example: A catering company receives a chargeback after a holiday event, claiming the service was unsatisfactory despite fulfilling the contract.

To protect your business:

• Keep detailed records of transactions and communications.

• Use clear contracts outlining payment terms and refund policies.

• Respond promptly to disputes with evidence.

  
  

Confusion Over Contract Terms for Events or Services

Holiday events often involve contracts for venues, catering, entertainment, or decorations. Misunderstandings about terms, cancellation policies, or deliverables can lead to disputes.

Example: A client cancels a holiday party last minute but expects a full refund, while the vendor’s contract states a non-refundable deposit.

How to avoid confusion:

• Read contracts carefully before signing.

• Clarify cancellation and refund policies upfront.

• Keep all agreements in writing.

  
  

Online Purchase Disputes or Fraud

The holidays are prime time for online shopping, which unfortunately increases the risk of fraud and disputes. Customers may receive damaged goods, wrong items, or fall victim to scams.

Example: A shopper orders a popular toy online but receives a counterfeit product or nothing at all.

To protect yourself:

• Shop from reputable websites.

• Keep records of orders and communications.

• Report fraud promptly to payment providers and authorities.

  
  

HOA and Neighbor Disagreements During Home Projects

Holiday home improvements or decoration projects can spark conflicts with neighbors or homeowners associations (HOAs). Noise, blocked driveways, or excessive decorations may violate community rules.

Example: A homeowner installs large holiday lights that the HOA deems excessive, leading to fines or removal orders.

Prevent disputes by:

• Checking HOA guidelines before decorating.

• Talking to neighbors about your plans.

• Keeping projects within reasonable hours and limits.

  
  

Refund or Cancellation Disputes

Refunds and cancellations are common during the holidays, whether for travel, gifts, or services. Disagreements arise when policies are unclear or not followed.

Example: A customer cancels a holiday trip but the travel agency refuses to refund due to a non-refundable clause.

Best practices include:

• Understanding refund policies before purchase.

• Requesting confirmation of cancellations in writing.

• Negotiating solutions early.

  
  

Employee Misconduct at Office Parties

Office holiday parties can lead to legal issues if employees behave inappropriately, causing harassment, accidents, or property damage.

Example: An employee causes a disturbance or injury at a company holiday event, leading to liability concerns.

Employers should:

• Set clear conduct policies for events.

• Provide training on workplace behavior.

• Monitor events and address issues promptly.

  
  

Unauthorized Use of Branding Online

Holiday promotions often involve online marketing, but unauthorized use of logos or branding can lead to legal trouble.

Example: A third party uses a company’s logo in holiday ads without permission, misleading customers.

To avoid this:

• Monitor online use of your brand.

• Send cease and desist notices if unauthorized use occurs.

• Register trademarks to protect your brand legally.

  
  

Injuries Caused by Unsafe Decorations or Setups

Holiday decorations can pose safety risks if not installed properly. Injuries from falls, electrical issues, or unstable setups can lead to liability claims.

Example: A guest trips over unsecured holiday lights and suffers an injury.

Safety tips:

• Secure decorations firmly.

• Use certified electrical products.

• Keep walkways clear.

  
  

Misuse of Professional or Original Content

Holiday greetings, music, or images may involve copyright or intellectual property rights. Using content without permission can result in legal claims.

Example: A business uses copyrighted holiday music in a public event without a license.

Avoid problems by:

• Using royalty-free or licensed content.

• Seeking permission for copyrighted materials.

• Giving proper credit when required.

  
  

Withholding or Misusing Shared Assets in Relationships

Holiday seasons often highlight financial or asset disputes in relationships, especially when couples separate or divorce.

Example: One partner withholds shared holiday gifts or funds, leading to legal disputes.

To manage this:

• Keep clear records of shared assets.

• Communicate openly about finances.

• Seek legal advice if disputes arise.

  
  
  
  

The holiday season should be a time of joy, not legal stress. Many common holiday disputes can be avoided with early preparation, clear communication, and understanding of agreements. Whether you are a parent, homeowner, business owner, or employee, knowing these potential legal pitfalls helps you enjoy the holidays with peace of mind.

If you face a legal issue this season, consult Davis Law Group for advice tailored to your situation. Taking action early can prevent small problems from becoming costly disputes. Schedule a consultation or call 404-446-2932 today.

Celebrate safely and smartly this holiday season!