# I Was Injured by a Christmas Gift. Can I Sue the Giver? | Wettermark Keith ![Defective Gift Wk 300×200 - I Was Injured by a Christmas Gift. Can I Sue the Giver?](https://wkfirm.com/wp-content/uploads/2026/04/defective-gift-wk-300x200-1.jpeg)An avalanche of gifts are opened every December 25th. While we hope you open gifts safely, there’s always a chance that a present on December 25th could wind up injuring someone on December 26th. What happens if a Christmas gift [ultimately winds up hurting someone](https://wkfirm.com/birmingham-al/product-liability-lawyer/)? Can the giver sue you? Who, exactly, is liable for your injury? ### Liability Depends on What They Knew Let’s say you gift one of those hoverboards that all the kids got for Christmas over the past few years. Hoverboards were a craze for a while – until they started catching fire and exploding. That hasn’t stopped them from being sold, though, and one could appear under a Christmas tree of someone you know on Christmas morning. For a free legal consultation, call [(833) 588-9009](tel:+18335889009) today ### Do I Need a Product Liability Attorney? Will This End up in Court? Back to the gift. They get the hoverboard and ooh and aww over it until one fateful day, when, while riding on it, they fall off and break a wrist. Can they sue you? Under that circumstance, the gift giver would have *no*liability. Neither would the hoverboard manufacturer if you falling off the hoverboard was an accident and not related to the hoverboard itself. It’s the same principle behind why Ford doesn’t have liability if you get into an accident in your F-150 – provided the accident was a result of human error and not the truck itself. Let’s say, though, that the hoverboard suffered a structural error that caused your injury. The gift-giver *still*isn’t liable (although the hoverboard manufacturer could be). Of course, there’s always a “what if.” What if the gift-giver knew about the defect and gave you the gift anyway without telling you about what they knew? That’s a different set of circumstances. If a gift-giver could reasonably be expected to know about a defect in a gift that could result in injury, and they gave you the gift without alerting you to what they knew, they *could*be held liable. It’s not a guarantee, and liability would depend on the circumstances of your case. But the potential is there, and it’s a case worth exploring. It’s all about what they knew, based on what a reasonable person would be expected to know and do. ### Keeping Safe from Christmas Mishaps and a Small Claims Lawsuit We sincerely hope you enjoy an injury-free holiday season, and most of us will. To increase the chances you’ll be one of those people who make it through Christmas without injury, make sure you do the following: 1. **Read*****all*****instructions** that come with your gift, especially the part that tells you how to use the product safely. 2. **Check for product recalls**before you use or operate the gift. Gift-givers may not be aware that there’s a known safety issue with the gift they’ve given you. 3. **Read reviews for products** before you use them. The first we ever hear about unsafe products almost always comes from consumers who report issues, and these usually come through product reviews. 4. **Supervise your children** when they use or operate Christmas gifts. This goes double for any gift that involves motion (bikes, hoverboards, etc.). You can limit *your*liability as a gift-giver by knowing everything you can about the presents you give people. Know if they’ve been recalled or if they have known safety issues. If the original packaging has been tampered with, exchange it for a product that has intact packaging. Inspect unpackaged presents for errors or defects that could make them unsafe. Can I be sued for giving someone a gift that causes them harm? *Collapse* Depending on the specifics of the situation, a person may be able to sue you for giving them a gift that ends up hurting them. There is a risk of liability if you give someone a present when you know there is a flaw that might cause them harm and you don’t tell them about it. If someone is hurt because of a gift, who is responsible? *Expand* The extent to which a gift giver may be held liable for harm done by their present depends on how much they knew about the dangers involved. In cases where the donor of a present knew that it was defective and nonetheless provided it to the recipient without warning them, the giver may be held accountable for any injuries that resulted. However, if the donor of the present was unaware of any flaws or if the harm was the result of an accident or carelessness, the giver would have no responsibility. What should I do if a gift I received caused me harm? *Expand* Seek medical care and talk to an attorney to find out whether you have a case if you’ve been hurt because of a gift. If you were injured by a present, and the donor or maker should have known about the flaw that caused your damage, you may be able to sue them. How can I avoid being hurt by gifts? *Expand* By reading the directions, checking for product recalls, and perusing customer reviews will help you avoid any mishaps with the presents you’ve received. Gifts with moving parts need extra adult supervision, and you should be aware of any potential hazards the item may provide. Call or text [(833) 588-9009](tel:+18335889009) or fill out our [Free Case Evaluation Form](https://wkfirm.com/contact/) to get started Personal Injury Blog Posts: [February 17, 2026 Common Fund Doctrine: Definition & How to Help Maximize Your Settlement When you’ve been injured by no fault of your own, a lot runs through your mind. When will you return](https://wkfirm.com/blog/common-fund-doctrine-definition-how-to-help-maximize-your-settlement/) [February 17, 2026 Vicarious Liability in Personal Injury Cases: Definition and How it Applies When someone is injured due to another person’s negligence, the natural assumption is that the](https://wkfirm.com/blog/vicarious-liability-in-personal-injury-cases-definition-and-how-it-applies/) [February 17, 2026 Economic Damages: Legal Definition & How it Applies to Personal Injury Personal injuries come in all shapes and forms. 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