Know Your Rights and Pursue Compensation in Firework Mishaps

Summer holidays mean fireworks are everywhere, and that leads to an increase in serious firework-related injuries. Burns range from minor to serious, with hand and facial burns being the most common. The force of the blast can cause debris to shoot toward the handler or spectators causing eye injuries or worse. If a firework explodes prematurely, the damage can result in the amputation of the fingers or hands. If you have been injured in a fireworks accident that was not your fault, you may qualify to seek compensation for your serious injuries.

Amateur Fireworks-Who is Responsible?

Most states have at least some fireworks that are legal for consumers to buy and set off. If you are setting off fireworks, the first thing to consider is whether the fireworks were legal to set off in the first place. If they aren’t legal in your state or community, the person who purchased the fireworks can be held criminally liable, and may also bear civil liability for any property damage or injury that occurs.

If the fireworks were legally obtained, there are other questions to consider, such as if the person who set them off was following the instructions carefully and ensuring that they took reasonable measures to ensure safety (such as supervising children, keeping a safe distance, and making sure they are lighting fireworks away from anything flammable).

The person who sets off the fireworks could also be held liable. In addition, the property owner that allows fireworks to be set off on their property, could be held liable as well. Finally, if the fireworks were legal and used correctly, it is possible that the product itself was defective, in which case you can file a claim against the manufacturer or retailer. Determining liability in fireworks accidents can be complicated. An experienced fireworks injury attorney can consider your unique situation and guide through your legal options.

Liability Concerns at Public Fireworks

Public firework displays are usually very well organized, performed by professionals, and include emergency services on site. However, whenever explosives are involved, things can go wrong, and several hundred viewers are injured during public fireworks displays every year.

The first question to consider is whether or not you were in a designated viewing area. If you were following the procedures and the professionals made an error, such as miscalculating the safe distance and lighting the fireworks too close to the viewers, failing to account for weather conditions, or improper maintenance of the equipment, they can be held liable.

If a firework malfunctions, the manufacturer may be held responsible for a design flaw or defect. The organization that hired the fireworks professionals can be held liable for injuries or property damage if they were negligent in selecting an experienced fireworks display company, setting up or enforcing a proper barrier, provided poor crowd control, or failed to secure the right permits.

Do You Need an Attorney if You’ve Been Injured?

Because liability can be tricky in the case of firework accidents, especially those held at private homes and set off by amateurs, having an attorney can help you determine if you have a valid claim for damages, and if so, can help you determine who is liable for these damages.

It is important to speak with an attorney as soon as possible after your accident so the process of interviewing witnesses, gathering evidence, and documenting your injuries can happen as quickly as possible. Even if you aren’t sure who can be held liable, contacting an attorney early will start the process before memories fade and evidence is lost. Most attorneys who handle these types of claims offer free consultations, so there is no risk in starting the conversation.

What Damages Can You Claim?

If another party can be held liable for your serious injuries from fireworks, you will be able to claim damages. As with other accidents, your settlement should cover any financial damages you face during your recovery period. This will include any medical expenses, including long-term treatment, which may be necessary for severe burns or injuries that will require reconstructive surgery or treatment. You can also claim lost wages from missed work, loss of future earning potential, and compensation for pain, suffering, and potential disfigurement. Many victims of firework accidents, particularly children, face psychological trauma after the accident in addition to their physical injury, and many settlements include compensation for this. If the firework accident was a result of a manufacturer defect and you are facing damaged property, you will also be able to claim compensation to repair or replace your things.

Stay Safe During Firework Displays

The best way to avoid an injury from fireworks is to stay away from firework displays altogether, but celebrating summer without fireworks can feel incomplete. If you aren’t ready to give up the opportunity to see a dazzling nighttime display, there are ways to participate and stay safe. If you are viewing a display, whether it is public or private, make sure that you are keeping a safe distance from where the fireworks are being set off. At public fireworks displays, the viewers are usually kept at a safe distance of 500 feet or more, and to avoid injuries, these safety barriers need to be respected. If you encounter an unexploded firework, do not touch it, and instead, contact the fire department or event organizer to remove it safely.

If you are setting off fireworks in a private setting, there are even more safety tips to follow. First, always follow the instructions on the packaging and make sure to heed all safety warnings, including never reigniting a used firework, even if it seems to have malfunctioned. Fireworks should never be used indoors or near anything that could easily catch fire, such as dry leaves, grass, or during drought conditions. Make sure you have a bucket of water and a fire hydrant nearby, and make sure at least one person is at a safe distance with a phone in case of an emergency.

Fireworks are an exciting part of any celebration, but, like any explosive devices, they need to be respected and treated as dangerous. Injuries from fireworks can be devastating and have long-lasting consequences. If you have been injured during a firework display and you feel someone should be held liable, contact Arthur Law Firm right away (419) 782-9881 for a free consultation to discuss your legal options. We can help you recover and move on.