According to the Consumer Product Safety Commission (CPSC), in 2017 there were over 11,000 fireworks injuries in the United States. Accidental injury during the private use of firecrackers is the leading cause of hospital visits during the Fourth of July, but injury during public displays are also a major factor. The age group of males between 25 and 44 years old account for 34% of all accidental injuries with burns and eye injuries being most common in all demographics.
A fireworks display gone wrong can not only cause personal injury, but they can also cause major property damage and loss by fire. The challenge in obtaining justice when you have a firework-related injury is determining what was responsible for the injury and subsequently who is responsible.
Negligence and Premises Liability Claims
If you are injured during a professional firework show held on private property, a premise liability claim can be filed against the property owner if you act within the statues of limitations. But, when a public entity hires a pyrotechnic business to put on a 4th of July show, that company can be held liable for damages if proper duty of care was not shown. Here are some instances where the fireworks’ performance company can be neglectful:
- Not considering wind conditions
- Launching fireworks in wrong directions
- Lighting fireworks to close to the public
- Not maintaining fireworks launch equipment
Anytime you are injured on someone else’s property during a fireworks display, if the property owner was negligent – you may have a premise’s liability claim. If a third party has been hired by a city or state entity, then it is possible to hold the government liable in limited circumstances. For instance, if the proper permits were not granted or if the fireworks service was allowed to use illegal types of fireworks.
Fireworks Product Liability Issues
Sometimes it can be proven that a batch of fireworks had been manufactured incorrectly or defective in some manner. When a malfunctioning firework can cause injury when it explodes in a manner in which it was not designed to explode. Product liability laws protect consumers from defective firework products – either from the shell casing or the sparks and debris that result after ignition.
Contact Armando Personal Injury Law if you or a loved one have been injured during a private or public fireworks display. Injuries such as eye damage, burns, severe lacerations, and even death can be successfully prosecuted as a personal injury lawsuit to bring your family the justice they deserve.