On exceptional occasions, fireworks enchant an audience. However, the same sight that awes the audience might result in catastrophic injury if manufacturers and users of fireworks fail to exercise safety. According to studies by the U.S. Consumer Product Safety Commission, more than 30 percent of firework-related injuries happen to the hands, fingers, and head, and occur in the few weeks before and after the Fourth of July holiday.
Thankfully, you may be eligible to bring a personal injury claim if you or a loved one is harmed as a consequence of defective pyrotechnics or irresponsible handling of fireworks.
Filing a Claim After a Firework Accident
If you’re injured by fireworks, you may seek compensation for your injuries. The kind of claim you file depends on the nature of your damage.
Through carelessness, injured onlookers may hold the corporation or individual responsible for lighting off the fireworks liable for damages. The organizer of the event may also be held accountable for failing to supervise the activity.
State law limits a municipality’s responsibility, but organizations are required to safeguard spectators and bystanders from injury. The municipal government of a city may be held accountable if it authorizes illegal fireworks or fails to get the necessary licenses for fireworks celebrations. For instance, the municipal authorities in Missouri might be sued for fireworks incidents in Kansas City that result in catastrophic injury.
In the event that pyrotechnics malfunction and cause injury, plaintiffs may seek compensation from the retailer, importer, or manufacturer of the fireworks. These organizations are expected to offer excellent items, thus they must guarantee their products perform effectively. Consequently, they may be held accountable for accidents caused by faulty pyrotechnics.
Individuals may also seek damages for injuries caused if they can demonstrate that a flaw in the fireworks, and not their own negligence, was the cause of their injuries.
Fireworks-Related Losses and Damages
Rarely, punitive damages may be awarded if the defendant engages in flagrant or malevolent behavior, such as negligently setting off fireworks or purposefully causing harm to others. Although they don’t apply to the vast majority of situations involving personal injury, they may add up to very considerable sums.
Although there are several methods to evaluate the technical merits of your case, other variables, such as the financial stability of the defendant, may restrict the amount of compensation you may seek for your losses.
If the defendant lacks enough insurance to cover your damages, you’ll be unable to collect as much from them. In situations involving product liability or where the defendant is an insured professional, this is often less of a concern.
In addition, it will be difficult—if not impossible—to obtain reimbursement for damages if it cannot be shown that the defendant was careless or reckless in causing your injuries. If your case seems to be weak, the defendant may be able to negotiate a lesser settlement amount.
Peterson & Associates, P.C. has served others injured in similar situations in Kansas City, Missouri, and the surrounding regions for many years. If you or a loved one was injured in an accident caused by another party’s carelessness or faulty fireworks, we may be able to assist you in pursuing monetary compensation.