On exceptional occasions, fireworks enchant the 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 a study by the U.S. Consumer Product Safety Commission, injuries caused by fireworks have climbed consistently. This data indicates that up to 11,400 injuries occurred in 2013, a 32% increase over the number of injuries recorded in 2012.
Thankfully, you may be eligible to bring a personal injury claim if you or a loved one gets harmed over the holidays as a consequence of defective pyrotechnics or irresponsible handling of fireworks.
Filing a Claim After a Firework Accident
If you are 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 that their products perform effectively. Consequently, they may be held accountable for accidents caused by faulty pyrotechnics. Individuals who misuse pyrotechnics 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 & Damages
Rarely, punitive damages may be awarded if the defendant engages in very flagrant or malevolent behavior, such as negligently setting off fireworks or purposefully causing harm to others. Although they do not apply to the vast majority of situations involving personal injury, they may add up to very considerable sums.
And 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 (the person who injured you) lacks enough insurance to cover your damages, you will 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.
Personal Injury Lawyer in Kansas City
In addition to increased temperatures and outdoor activities, the coming of summer raises the likelihood of tragic fireworks disasters.
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 were injured in an accident caused by another party’s carelessness or faulty fireworks, we may be able to assist you in pursuing monetary compensation.
Contact our Kansas City firework injury lawyers immediately for a no-cost, no-obligation consultation. When you are ready, contact us at 816-888-8888 so we can immediately assist you in protecting your rights.