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What is Duty of Care in a Firework Injury Claim?

Categorized as Personal Injury

Each year, nearly $1 billion is spent on fireworks in preparation for the Fourth of July celebration in the United States. It is unsurprising that emergency departments experience a significant surge of patients during the first week of July due to the widespread celebrations taking place.

Fireworks are bright, loud, and thrilling but also harmful; however, they are still commonly accessible despite the risk. Open fireworks vendors around the nation sell so-called “safe and sane” explosives to anybody older than 16 years old. Therefore, it is not hard to see why so many individuals get harmed by fireworks, according to the U.S. Product Safety Commission. What’s more, accidents might still occur even if the right precautions are taken while handling fireworks.

Whether you have been hurt by a firework, you may be wondering if you are legally entitled to compensation. You must demonstrate that the person handling the fireworks was negligent or that the fireworks themselves malfunctioned.

You may sue a person for damages if their carelessness with fireworks caused your injury. If you were viewing a fireworks display and were harmed by a firework you were not touching, you may have grounds to sue the person(s) responsible for setting up and lighting the fireworks.

To establish a defendant’s negligence in court, a plaintiff must demonstrate the following:

  • That the defendant owed the plaintiff a duty of care;
  • That the defendant broke this obligation via negligence; and
  • That the defendant’s carelessness was a material factor in causing the plaintiff’s injuries.

What is Duty of Care?

What is Duty of Care in a Firework Injury Claim?Duty of care is a wide legal concept that expresses each individual’s reasonable expectation of safety in relation to the actions of others. When driving a vehicle, for instance, you are required to observe the laws of the road. You harm everyone around you if you choose to drive 100 miles per hour in a 65-mile-per-hour zone. You have a responsibility to obey traffic regulations. If you violate traffic regulations and hurt another motorist as a consequence, your reckless driving will be held to be at blame.

If a person uses pyrotechnics in a way that was not intended by the maker, for as by directing the firework towards a bystander and setting it off, they are in violation of their duty of care. This is an obvious case of neglect.

Fireworks are entertaining but hazardous. Even expert fireworks displays may result in injuries to spectators, thus it is essential to follow the instructions on the box to minimize the risk of accidents.

Personal Injury Lawyer in Kansas City

In addition to greater temperatures and an increase in outdoor activities, the summer season increases the likelihood of catastrophic fireworks mishaps.

Peterson & Associates, P.C. has represented people 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 collecting monetary compensation.

Contact our Kansas City fireworks-related injury lawyers immediately for a free consultation. When you are ready, please contact us at 816-888-8888 so that we can immediately assist you in asserting your legal rights.