The Skeen Firm 2025 Holiday Primer – Merry & Mindful: Legal Tips for Your December Celebrations

The Skeen Firm 2025 Holiday Primer — Merry & Mindful: Legal Tips for Your December Celebrations

Published: December 1, 2025 • Pennsylvania & West Virginia

‘Tis the season for joy, reflection, and connection. But as we deck the halls and gather with loved ones, remember: even the merriest celebrations carry legal and financial considerations. Whether you’re a small-business owner winding down the year, an individual managing personal legal matters, or a couple navigating family law, this guide offers practical pointers to help you enjoy the holidays — and avoid unwanted legal distractions.

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1) Gifts & Tax Considerations (Individuals & Business Owners)

• Big personal gifts: Before you wrap that big-ticket item, consider how federal gift tax rules may apply. Keep documentation for significant gifts and charitable donations.
• Business gifts: Client/employee gifts should be documented with a business purpose and reasonable value so they don’t accidentally become taxable compensation.
• Year-end receipts: For charitable giving, keep donation acknowledgments for your records.

Quick tip: When in doubt, a short consult now beats a tax headache later.

2) Products, Safety & Liability

Hot holiday items — gadgets, tools, kids’ gear — are fun until they aren’t. If a product is defective and used as intended, manufacturers may face strict liability. Keep receipts and follow instructions and age ratings. Business owners gifting branded items should confirm product safety and include clear usage guidelines.

3) Parties, Guests & Risk Management

• DUI risk: If alcohol is served, set transportation rules in advance (designated drivers, rideshares).
• Premises safety: Clear snow/ice, fix loose railings, light walkways, and secure pets.
• House rules: Simple guardrails help: no underage drinking, no “we thought it was funny” fireworks, and zero tolerance for belligerent behavior.

4) Family Law Stressors

December can amplify tension around custody schedules, travel, spending, and expectations. Communicate early, stick to written agreements, and avoid using custody as leverage. If there are changes, get them in writing. Major purchases or unusual expenses may affect support calculations — document them.

5) Small-Business Year-End Checklist

• Close the books and reconcile accounts; set aside time for 1099s and payroll tax items.
• Document year-end bonuses or gifts; keep W-9s updated.
• Review governance: operating agreements, meeting notes, authorizations.
• Line up Q1 filings and renewals so you start 2026 clean.

6) Mental Health, Charity & Perspective

Charity, humanity, and family are the reason the holidays exist in the first place. Build in time to breathe, give where you can, and de-stress. Good judgment today prevents legal trouble tomorrow.

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Want a deeper dive? Revisit past Holiday Primers

• 2024 — Deck the Halls by Ditching Legal Problems!
• 2023 — Holiday Primer: Products Liability at Christmas Time
• 2022 — Holiday Primer (5th Anniversary Edition)
• 2021 — The Skeen Firm Holiday Primer
• 2020 — The Skeen Firm Holiday Primer
• 2018 — The gift tax & other humbugs that can ruin the holidays

Have questions? Let’s keep your holidays lawyer-free.

If you’re dealing with a business issue, a family law concern, or a dispute that can’t wait until “after the New Year,” we’re here.

Book Your Discovery Call

Disclaimer: This post is for informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship.

Deck the Halls by Ditching Legal Problems!

The Holidays are a time for us to slow down and spend time with loved ones. While no gift matches memories made with friends and family, thoughtful gift-giving is a highlight of the holiday season. Now, don’t be a scrooge with that check book. Remember, individuals can give up to $18,000 annually without triggering gift taxes. This special tax treatment for gifts saves the giving spirit!

Also, we know you will see different personalities and opinions across the table behind the mashed potatoes. To avoid any domestic disputes that may land you in handcuffs (not a present anyone wants) try your best to avoid tense arguments. Family and friends can disagree, but there’s a time and place for debate, and I’d say it is not while frosting cookies.

No one wants a DUI in their stocking Christmas morning. For the safety of yourself and others traveling during the holiday, remember to drink responsibly. The legal limit in Pennsylvania is .08. And, DUI’s fall into three tiers, none of which you would want to be in. The tiers are general impairment, high rate, and highest rate. Enjoy your winter wassail from the comfort of your home and not behind the wheel. 

As the year closes, it is great to look forward to the next 365 days. With proper planning, next year can get even better. The best Christmas gift is a secure future for you and your family. Consider Estate planning in the new year to provide stability for you, your friends, and family. Leaving a legacy behind that you can be proud of is perhaps one of the biggest blessings of the season.

Merry Christmas and Happy Holidays! Have a safe and wonderful season.

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.   

The Skeen Firm 2023 Holiday Primer - Products Liability at Christmas Time: The Red Ryder BB Gun in "A Christmas Story"

In the heartwarming holiday classic “A Christmas Story,” the quest for the ultimate Christmas gift takes center stage with young Ralphie Parker's desire for a Red Ryder Carbine Action 200-shot Range Model air rifle. Beyond the comedic allure of Ralphie's pursuit, the film gives us a useful lesson in products liability.

Intended Use:

In products liability cases, generally, there are:

(1)   design defects: (your toaster burns your house down because it was poorly designed to get too hot); and

(2) manufacturing defects (your toaster explodes because during assembly, the well-designed toaster was assembled with the wrong electrical board that made the toaster get too hot).

So, how do you recover from a company when your toaster burns your house down? Luckily for Pennsylvanians, our state holds companies strictly liable (meaning there’s no legal defense) for defective products regardless of whether it’s a manufacturing or design defect, so long as a defective condition exists. Tincher v. Omega-Flex, Inc., 104 A.3d 328, 335 (Pa. 2014). A defective condition exists if [your toaster] is not safe for its intended purpose. Id. at 339.[1]

Yup. The short title of this section is, basically, all you need to know for products liability before contacting an attorney. If you or someone else is injured by a product being used as intended, (i.e. making toast and not sticking a butter knife in your toaster), there is a good chance you can hold the company responsible, responsible.

Although the toaster analogy was fun, let’s get back to A Christmas Story and later some more examples to iron out this “intended use” concept.

How this impacts you:

In the movie, Ralphie gets his Red Ryder when he thought all hope was lost. Excited, he promptly went outside to shoot “Ole Blue”. He put his target up, pulled up the rifle and let one rip, ending up with a BB that hit his glasses and cut him on the cheek.

Was Ralphie using the BB gun and BBs (there are TWO products being used here, not just the gun!) as they were intended to be used? Well, no. While watching the movie, it’s obvious that Ralphie may indeed “shoot his eye out” when he attached his target to a piece of metal. The round BB was never going to stick in or go through that metal, and so Red Ryder/Daisy Co. would not be liable for the BB that hit ole Ralphie. Bonus points to the company if it had a warning of such activity on the box/user manual. And no, you don’t get to use any excuses in court like a “an icicle fell and broke my glasses.”

Now, if Ralphie was shooting at cardboard and the gun somehow blew up or shot the BB backwards and into his face, you’d only have to establish that the barrel or air system was installed backwards, or whatever the defect was that caused Ralphie to get hurt. It doesn’t really matter if it was designed poorly or incorrectly assembled by the “new hire” at the factory in China. The company sold a defective product and is therefore, liable to Ralphie, the consumer, for damages.

As promised, here's some other random examples of non-intended use folks may run into during Christmas time I just made up:

• Your wife can’t sue the company when she burns her thumb with that new hair straightener you got her for Christmas;

• You can’t sue Huffy when your kid takes a tumble on the makeshift ramp he made;

• You can’t sue Muddy if you exceed the weight limit on the $99 deer stand you bought at Walmart and it breaks; and of course,

• You can’t sue Whirlpool or Remington for any injuries you get from falling debris if you take your grampappy’s Model 760 and some Tannerite and yeet your dryer into the stratosphere.

Those got progressively more fun, didn’t they? Now, let’s use those same examples where a products liability action probably exists:

• Your wife’s hair catches on fire because the straightener got hotter than its supposed to;

• Your kid’s Huffy’s brakes malfunctioned, and he’s injured in a wreck;

• Your $99 deer stand you bought at Walmart is missing a weld, broke while you were climbing it, and you fell;

• The factory 150-grain Remington Core-Lokt was loaded way too hot and it blew up your grampappy’s 760, hurting you instead of your dryer.

That’s a wrap:

“A Christmas Story,” provides a humorous lens through which I have now probably forced you to think about products liability for the foreseeable future. Sorry about that. But the film does not take away from safety concerns and using the products how they should be used. That’s certainly something to keep in mind during the holidays. The well-being of your loved ones is paramount, which is why Pennsylvania has strict liability for defective products. If you or someone you know wasn’t being a Ralphie with their Christmas gift and was injured, direct them to an attorney.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

[1] “Intended use” and “intended purpose” can be different things, but I won’t bore you with that here. For our purposes, we’ll just use “intended use”.

Stay Fly – It’s the 4th of July! Pt. 3

Let Freedom Ring Responsibly

Your Fourth of July may involve some big booms,

But follow these rules to prevent sending anyone to their tombs.

To purchase, possess, or use a firework, the person must be 18 years or older.

Keep this in mind before allowing these explosives in the hands of any beholder.

Things may seem more fun when you’re under the influence of alcohol or drugs,

But don’t forget these substances impair your brain to work at the pace of slugs.

Common sense should tell you not to set off fireworks near a building or vehicle,

But we are here to remind you how to be strategical.

You shall not set off fireworks near any building, structure, or vehicle within 150 feet,

Regardless of who owns them, those kinds of things simply cannot take such heat.

Needless to say, don’t discharge fireworks from the inside of any cars.

Otherwise, you will likely end up in the hospital or behind bars.

Lastly, whether it’s public or private property does not matter.

You must obtain express permission before letting the fireworks scatter.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

This is Part 3 of a 3-Part Holiday Primer. Thank you, Laura and Tori, for your efforts in making these great!

Stay Fly – It’s the 4th of July! Pt. 2

Celebrate Safe and Sound for Fun All Around

In the peak of the summer, water is always inviting.

Around any body of water, kids should never leave your sighting.

Wearing a life jacket may not match your outfit,

But nobody should ever go near the water without it.

Although you may not know this is negligence per se,

It is surely something you will regret at the end of the day.

The same rules apply to the pool party you may host.

We don’t want next year’s invitees coming as ghosts.

If hosting a pool party is part of your holiday tradition,

Then, please make sure your pool area is in proper condition.

Hang up warning signs, put up fences, or cover your pool!

Someone getting injured on your watch is anything but cool.

Owners have a duty to keep their property free from danger,

Even if who you invite is a total stranger.

It’s never cliché to put safety first.

Don’t let anyone end the holiday in a hearse.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

This is Part 2 of a 3-Part Holiday Primer. Thank you, Laura and Tori, for your efforts in making these great!

Stay Fly – It’s the 4th of July! Pt. 1

Aggressive Driving May Not Have You Arriving

Don’t be in a hurry or get caught up in the holiday traffic fury!

Failure to leave early may only lead to heightened worry.

Aggressive driving may cause increased road rage.

If you encounter such a rampage, simply disengage.

Road rage will be deemed a criminal offense,

To which there is simply no defense.

You may not know the severity of this crime,

But next Fourth of July, it could have you still doing time.

Trust us, it’s not just a phase.

You don’t want to end up on the front page.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

This is Part 1 of a 3-Part Holiday Primer. Thank you, Laura and Tori, for your efforts in making these great!

Holiday Primer 2022 - 5th Anniversary Edition

’Twas the month of the holidays across the Commonwealth,

We hope this year's primer finds you in good health.

While we have your attention,

Let us share some holiday wit,

Because most of the info we see on the interwebs is bull $%!t.

This is not legal advice per se,

More demystification to make readers say, “Yay!”

You can’t eliminate taxes with your LLC,

The IRS is watching

Just wait and see.

If you’re a parent who uses custody as leverage,

We suggest you chill out and have an adult beverage.

This year the market was trash.

Don’t rob a store;

There’s no need to act rash.

As we speed toward the new year, reflect on the past,

Do things that excite you and have a blast.

Next year we promise, no poems or rhymes,

To receive next year’s primer, we advise not doing the crimes.

In closing, we thank you for 5 years of holiday fun,

This isn’t the last primer,

We’ll continue our run.

So, happy holidays one and all,

Get yourself out there and have a ball.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

The Skeen Firm 2021 Holiday Primer

The Skeen Firm 2021 Holiday Primer

It’s the most wonderful time of the year! Sure, the holiday season is great and all, but it is time for the annual Skeen Firm Holiday Primer. Your yearly gift guide of how to holiday the right and legal way. While we do not guarantee results by any means, we wish you a happy, safe, and lawyer-free holiday season.

Easy Ebenezer

The holidays are no time for misers. So, before you go full Scrooge remember that no other period of the year embodies the spirit of giving more than December. We have discussed giving and taxes in the last two holiday primers and will skip re-hashing the subject, because a broken record is a terrible record. If you need a review, though feel free to click the following links (2020 Holiday Primer and Initial Holiday Primer). Long story short, give until it hurts and then give some more!

Party Time

Holiday parties are making a comeback this year. We hope you are as excited to see colleagues, friends, and family as we are, but remember that drinking and driving is always a terrible idea. The legal limit in Pennsylvania is .08. Pennsylvania classifies DUIs into three tiers:  general impairment, high rate, and highest rate. These tiers add penalties depending on the number of offenses. When combined they determine the sentence and fines associated with a DUI. Talk about a serious buzz kill.

Heated Holiday

Holiday parties are not the only events making a comeback. Many families are preparing to resume large gatherings this year. We implore you to check your temper at the door. While you’re at it, check your politics, religion, and any other nonsense, regardless of your beliefs, at the door, too. Focus on family and fun! 

There is never a good time for a domestic issue so keep that in mind while you are attending family celebrations.  Sure, there is a lot of stress at this time in everyone’s lives. Do not let that stress escalate a situation to fisticuffs or worse.  It is safe to assume that no one wants an assault, battery (or both) case either civil or criminal as a gift this holiday season. Save that for Springer. 

Mental Miracle 

The past 20 or so months were hard on everyone. Pandemic-related stress coupled with holiday stress can show itself in a number of ways, whether through panic attacks, or withdrawal from anxiety or depression. It is especially important to pay attention to your own mental health during the holidays, but perhaps the best gift we can give is to look out for one another. Asking questions, genuinely caring, and helping your family and friends will do more for them than anything material. Like the holidays, these actions are priceless, but free.

So, as we close our annual primer we hope you enjoy one another. Please, be kind to everyone you meet. And give freely of your time and money. 

If you do not head this advice, feel free to call us at 724-550-6970 or email us at info@theskeenfirm.com. We will help you with your holiday humbugs.  

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

The Skeen Firm 2020 Holiday Primer

This holiday season is unlike any we have seen. But as we move through the various holidays recognized in December it is important to remember their purpose. Charity, humanity, and family are the reason the holidays exist in the first place. 

No other period of the year embodies the spirit of giving more than December.  To give is to transfer possession of something (property) to someone else.  While giving is most always a good thing, there are some special considerations to keep in mind. 

As the old saying goes, nothing is free.  In fact, the IRS has special tax treatment for gifts.  What was that a tax on gifts?  Yes, that is correct.  Under the Tax Code there is a tax on any transfer of property from one individual to another. Talk about a serious holiday downer.  There is an exemption available to save the spirit of giving though. In fact, the exemption covers up to $15,000 worth of gifts annually.  So give and give big!

On second thought, give and give within your means. 2020 hit most families hard in ways that do not involve contracting the virus. With unemployment about double the rate as last year, the need to make ends meet bring extra strain. Projections forecast a surge of consumer bankruptcy filings as CARES Act relief ends and forbearances fade. That makes this year a great year to skip gifts and focus on memories. 

While the number of holiday parties may be smaller this year, it never hurts to remember that drinking and driving is always a terrible idea. The legal limit in Pennsylvania is .08, but that is only the tip of the troubled iceberg.  Pennsylvania classifies DUIs into three tiers:  general impairment, high rate, and highest rate. These tiers add penalties depending on the number of offenses. When combined they determine the sentence and fines associated with a DUI. 

In short, you will have a lot less money for giving, or making ends meet, mentioned above if you get pulled over and charged with a DUI. Driving impaired is equal to playing roulette with not only your fate but also everyone else. It is best to leave that to the casinos because playing the road version produces zero winners.  

Finally, if you chose to have a small family event, you should focus on leaving family feuds to daytime television. There is never a good time for a domestic issue so keep that in mind while you are attending family dinners.  Sure, there is a lot of stress at times in everyone’s lives.  Do not let that stress escalate a situation to fisticuffs or worse.  It is safe to assume that no one wants an assault, battery (or both) case either civil or criminal as a gift this holiday season.  So do your best to avoid these situations or topics that could create unnecessary tensions.  

Enjoy one another. Be kind to everyone you meet. And wear a mask! If you do not head this advice, feel free to call us at 724-550-6970 or email us at info@theskeenfirm.com. We will help you with your holiday humbugs. 

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

How to Keep the 4th of July From Blowing Up in Your Face: A Holiday Primer

As we approach the Fourth of July weekend, it is important to remember that we’re celebrating the birth of American independence.  The weather forecast looks great, so enjoy some time with your family outdoors!

For many of us, this Fourth of July is unlike any other Fourth of July in our lives.  For the first time, we may be concerned with whether getting together with family and friends to partake in our normal festivities is safe.  While there may be conflicting information from the CDC on what is “safe”, here are a few ways to help make sure the only explosion you experience this weekend is watching a wonderful firework display from a safe distance, of course.

First, be respectful.  Despite what your personal feelings are regarding whether or not you need to wear a mask, if you are out in public and an establishment asks that you wear a mask, put one on or peacefully leave the establishment.  There’s no need to argue with the poor greeter at the store or the hostess at the restaurant.  They’re just doing their job.  Causing a scene may escalate the situation to the point of law enforcement being called, and it’s just not worth it.

Second, be smart.  In an earlier article, I explained the difference between the Miranda warnings and the O’Connell warnings with respect to suspected DUIs.  Law enforcement officers are likely to be out in full force patrolling the streets this weekend to help keep everyone safe.  If you are going to enjoy an adult beverage while you’re manning the grill, be smart and have a designated driver lined up or use a ride share to get home safely.  Celebrating the nation’s independence in a manner that may risk you losing yours just doesn’t make sense!

Third, be kind.  You may find yourself hanging out with new and old friends this weekend.  Given the fact that we’re in the middle of navigating through a pandemic and tensions are high, it’s likely the conversation may naturally drift to hot button debate topics.  Tempers may be short, so remember to be kind.  Be kind to the person you thought you knew who suddenly says something you find horribly offensive.  It’s perfectly fine to agree to disagree and continue enjoying the good times and good food!  Don’t let a debate get out of control and end up in a physical altercation.  No one wants to end the weekend with an assault or battery charge.

If by chance your celebration leads to fireworks in life instead of the sky and/or an encounter with law enforcement, feel free to call us at 724-550-6970 or email us at info@theskeenfirm.com.  We would be glad to speak to you about how best to put out the fire.

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.  The Skeen Firm is not a fire department.  If something is on fire, please call 9-1-1.