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. If you have been hurt by fireworks, 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.
Establishing Negligence
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 fireworks you were not touching, you may have grounds to sue the person(s) responsible for setting up and lighting the fireworks.
When a Defendant Is Negligent
- The defendant owed the plaintiff a duty of care
- The defendant broke this obligation via negligence
- The defendant’s carelessness was a material factor in causing the plaintiff’s injuries
What Is Duty of Care?
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 mph in a 65 mph 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 to blame.
If a person uses pyrotechnics in a way that was not intended by the maker, such as directing the fireworks toward a bystander and setting them 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.
Why Contact an Attorney for a Fireworks Injury
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 surrounding regions for many years. If you or a loved one suffered injuries in an accident caused by another party’s carelessness or faulty fireworks, we may be able to assist you in collecting monetary compensation.