Fireworks Accident Lawsuit

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 What Are Fireworks Accidents?

Fireworks accidents are any accidents that involve the use of fireworks or pyrotechnics. As far as the legal definition of fireworks, that will vary depending on each state’s jurisdiction. However, the term firework generally refers to any composition or device that is designed to produce a visible or audible effect through combustion, deflagration, or detonation.

In general, there are three categories of fireworks:

  • Consumer Fireworks: Consumer fireworks are fireworks that are intended for personal use and are typically weaker in explosive power.
    • Examples of consumer fireworks include fireworks such as sparklers, fountains, smoke balls, roman candles, multiple rocket launcher (i.e. saturn missiles), or other strings of small firecrackers;
  • Display Fireworks: These fireworks are designed for professional displays, and, as such, produce more significant explosive power and effects.
    • Examples of display fireworks include single or multiple aerial shell devices, large firecrackers, and other elaborate pyrotechnics;
  • Novelty Fireworks: Novelty fireworks are commonly sold at numerous consumer stores around holidays, and are fireworks which produce minimal explosive power and sounds.
    • Examples of novelty fireworks include certain classifications of wire or wood sparklers, snappers, snakes, and paper lanterns.

One of the most common fireworks accidents that may occur is when an individual is injured when fireworks explode in a manner other than a way in which they were designed to explode. In some cases, firework accidents may also be attributed to the way in which the fireworks were handled.

Examples of other common firework accidents include:

  • Fireworks exploding too early and injuring the user or other persons nearby;
  • Fireworks exploding while the user is still holding the item;
  • Fireworks flying or traveling in ways that the item was not intended to, resulting in direct injuries to the user or others nearby;
  • Accidents that result in fires, such as a used firework not properly burning out and starting a house fire;
  • Accidents related to the firework’s detonation or priming mechanisms; and
  • Various other types of accidents resulting in scarring, disfigurement, or other injuries related to fire.

As far as the injuries that can result from firework accidents, fireworks injuries typically involve burns and other injuries related to the use of an explosive item. Examples of common injuries related to firework accidents include:

  • Burns: As mentioned above the most common type of injury caused by fireworks, is burns.
    • Burns can range from minor redness and pain to more serious degrees of burns that result in white, leathery skin damage;
  • Hand and Finger Injuries: Fireworks also often lead to hand and finger injuries, especially in the case of premature detonations or mishandling of the firework.
    • In fact, head and finger injuries account for approximately 29% of all emergency department-treated fireworks injuries;
  • Head, Face, and Ear Injuries: Fireworks also often lead to injuries to the head, face, and ears, as such areas are vulnerable to fireworks that explode near the user.
    • Approximately 19% of fireworks-related injuries affect the head, face, and ears according to the Consumer Product Safety Commission (“CPSC”);
  • Leg Injuries: Firework accidents can also cause cuts, bruises, and other trauma to the lower extremities and the leg area.
    • Approximately 19% of fireworks-related injuries involve the legs according to the CPSC;
  • Eye Injuries: Eyes are another common injury resulting from the use of fireworks, which is why eye protection is crucial when handling fireworks.
    • Approximately 19% of fireworks-related injuries involve eye injuries according to the CPSC.

In addition to all of the above injuries, firework accidents may also involve more serious injuries, such as a loss of limb, loss of sight, or loss of hearing. In extreme cases, firework accidents have also been linked to wrongful death claims where the user or persons near a fireworks display were killed as a result of the fireworks.

Who Can Be Held Liable for Fireworks Accidents?

If an individual is injured by fireworks, then the individual that was harmed (i.e. the plaintiff) may have a valid personal injury claim against the party or parties responsible for injuring them (i.e. the defendant(s)). As far as the exact party who may be held liable in the case of a fireworks injury, that will be dependent on the specific circumstances of how the fireworks injury occurred.

In general, liability for a fireworks incident can be traced to one of two different parties:

  • The individual or operator who was handling the fireworks; or
  • The manufacturer, designer, or distributor of the fireworks that caused the injury to the plaintiff.

If an individual is injured by fireworks set off by another person, then that injured person may be able to initiate a personal injury claim for negligence against the person that injured them. Because fireworks are considered to be dangerous, anyone using them must adhere to the standard of care of a reasonable person when using them.

The failure to exercise a reasonable standard of care could make the responsible party liable for any injuries that result from their negligent actions or inaction. Further, if an individual is injured by fireworks that are illegal in their state, this could also result in automatic liability.

If an individual is injured by the firework itself, or a fireworks display, then they may be able to recover for their injuries by filing a product liability claim against the responsible party, if their injuries were the result of a malfunctioning firework. In a products liability claim, the individual may argue that there was a defect in the product that resulted in them being injured.

This means that the individual who was harmed will typically sue the professional organization behind the fireworks display, if any, or the manufacturer or seller of the product for their injuries.

These cases are often difficult because fireworks are dangerous products by nature. In order to be successful in a product liability case, it must typically be demonstrated that the plaintiff’s injury was the result of an unexpected danger or the result of a lack of proper warning about the product’s danger.

Are There Any Legal Remedies for Fireworks Accidents?

Legal remedies for a firework accident lawsuit generally include a money award being awarded to the plaintiff, which is intended to reimburse the injured person for their losses that they suffered as a result of the firework. Remedies that are covered by a damages award involving fireworks most commonly include:

Additionally, if a person was injured by a firework as a result of another party acting recklessly and with indifference towards the safety of others around them, such as a person firing a firework into a crowd of people, then the person that fired the firework may also face criminal recklessness charges.

Criminal penalties may also increase if there are issues with illegal possession or use of the fireworks. For example, in the state of Massachusetts, it is illegal for a private citizen to use, possess, or sell fireworks in Massachusetts without a license and a permit.

Should I Hire a Lawyer for Assistance with a Fireworks Accident Claim?

If you have been injured by fireworks and are considering pursuing a personal injury claim against the party responsible for your injuries, it may be in your best interests to consult with an experienced personal injury lawyer.

An experienced personal injury attorney will be aware of your state’s specific personal injury laws and fireworks laws. An attorney will be able to help you initiate a personal injury claim against the party responsible for your injuries, by helping you determine liability for your injuries. An attorney will also be able to represent your interests in court, as needed.

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