It’s time again for the parade of holiday movies—from old classics like It’s a Charlie Brown Christmas to the newest heartwarming but predictable Hallmark fare.
While you might enjoy watching and rewatching these specials, as workers’ compensation and personal injury attorneys we often see these stories through a legal lens.
Home Alone – was Kevin McCallister defending his home from the wet bandits, or acting in a negligent manner by icing the back steps? Could Joe Pesci make a claim for his knocked-out gold tooth? Also, Kevin’s callous treatment of the pizza delivery boy – “keep the change, you filthy animal” and fake gunshots could be seen as intentional infliction of emotional harm. Good thing Kevin is a minor.
Elf – you might see Buddy coming to New York to find his father and spread Christmas cheer. We see a possible workers’ compensation claim for carpal tunnel syndrome for the elves who must quality check thousands of jack-in-the box toys each day.
Die Hard – The employees at Nakatomi Plaza would certainly have a viable workers’ compensation claim for being attacked and held hostage by international terrorists, right? Not so fast. Because all injuries were caused by Hans Gruber and his gang of thugs, and they occurred after hours during a company Christmas party, a Nebraska Workers’ Compensation Court would likely determine that the injuries sustained did not “arise out of and in the course of employment.” The employees might consider suing Hans directly, however. After all, he did steal $640 million in negotiable bearer bonds.
It’s a Wonderful Life – Heaven appears to be an overly hazardous place to work. Angel Clarence has to jump into a freezing river, get bodily thrown out of a bar, and get shoved down by George just to earn his wings. OSHA must not have jurisdiction in paradise.
National Lampoon Christmas Vacation: Clark Griswald, plum full of holiday spirit, covers his entire house with thousands of lights, thereby temporarily causing a citywide blackout. By failing to follow lighting instructions, Clark undoubtedly would have exposed himself to liability and damages claims from the city and affected neighbors. Cousin Eddie (with his family and Snots, their Rottweiller, in tow), arrives unannounced to the Griswolds’ and parks his RV in the street. Eddie doesn’t tell anyone that he is dumping the RV sewage waste into the nearby storm drain. Uncle Lewis tosses a cigar into the drain and causes a massive explosion. Eddie would be looking at charges for illegally dumping hazardous waste while also setting himself up for additional civil damages due to the explosion.
A Christmas Story – where to start? With the substandard electrical system and toxic furnace at Ralphie’s house? Santa’s death slide at Higby’s department store? And let’s not even discuss the Red Ryder Carbine Action 200-shot Range Model air rifle. (It will put your eye out).
So sit back with your hot chocolate and enjoy the holiday television. And try not to think like your attorney!
