Every year, around $1 billion is spent in the United States on fireworks in preparation for the Fourth of July celebration. Although, it is not surprising that emergency departments see a significant surge of patients throughout the first week of July due to these massive activities.
Fireworks are bright, noisy, and exhilarating, but also hazardous; despite this, they are nevertheless widely available. Open fireworks merchants around the country offer what they refer to as safe and sane pyrotechnics to anybody over the age of 16. Typically, these are non-flying, non-exploding fireworks.
According to data released by the U.S. Product Safety Commission, it is not difficult to understand why so many people suffer injuries each year due to these fireworks. Moreover, accidents may still occur while handling fireworks despite taking the necessary measures.
If you have been injured by a firework, you may be unsure of your legal rights to compensation. However, you must establish either that the individual handling the pyrotechnics was negligent or that the fireworks themselves were defective.
How to Prove Damages After a Firework Injury
You may claim for damages if someone’s recklessness with fireworks caused you harm. For example, if you were watching a fireworks show and were injured by a firework set off by another person, you may have grounds to file a lawsuit against the individual(s) responsible for putting up and igniting the pyrotechnics.
To prove a defendant’s carelessness in court, a plaintiff must provide the following evidence:
- That the defendant in question owed you, the plaintiff, a duty of care
- That the defendant in your case breached this duty through negligence
- That the defendant’s carelessness contributed significantly to the plaintiff’s injuries.
Malfunctioning Fireworks Causing Injuries
Fireworks that malfunction may result in a range of injuries. They may detonate prematurely before the lighter has reached a safe distance. Additionally, they may detonate in a manner not anticipated by the maker. Finally, their unexpected flight routes might cause harm to individuals in safe locations. In such situations, you may have a product liability claim since the injuries were caused by manufacturing or design flaws.
A pyrotechnics producer or designer may also be liable for harm if the fireworks lack proper safety warnings. Since they are so deadly, the Bureau of Alcohol, Tobacco, and Firearms of the federal government strictly regulates fireworks (ATF). It is important that fireworks include rigorous warning and instruction labels to avoid user mistakes that might result in damage. These cautions may be found on the ATF website. In certain instances, illegal pyrotechnics have been sold, and the vendor may be held accountable for any accidents.
Attorney For Personal Injury in Kansas City
In addition to higher temperatures and an increase in outside activities, summer increases the chance of catastrophic fireworks accidents.
Peterson & Associates, P.C. has represented clients in comparable circumstances in Kansas City, Missouri, and the surrounding areas for many years. If you or a loved one were harmed in an accident caused by the negligence of another party or defective pyrotechnics, we may be able to aid you in obtaining monetary compensation.
Contact our Kansas City firework injury attorneys right now for a free consultation. Please call us at 816-888-8888 when you are ready so we can promptly help you claim your legal rights.