No matter the occasion, fireworks captivate the crowd. Nonetheless, if producers and consumers of pyrotechnics disregard safety, the fireworks that awe the audience might end up causing devastating harm to spectators and other participants alike.
Consistently increasing, according to data provided by the U.S. Consumer Product Safety Commission (CPSC), are injuries caused by fireworks. This data suggests that over 11,000 occurred in just one year alone, marking a more than 30% increase from 2012 to 2013.
Thankfully, if an accident has occurred, you may be able to file a personal injury claim if you or a loved one suffered injuries as a result of faulty pyrotechnics or negligent handling of explosives.
Filing a Claim Following a Fireworks Accident
If you are hurt by fireworks, you may file a claim for compensation. The kind of claim you submit is determined by the nature of your harm.
Injured bystanders may make the firm or person responsible for igniting the fireworks accountable for damages due to negligence. The event’s organizer might potentially be held responsible for failing to monitor the activity. Municipal liability is often limited by state law, but organizations are expected to protect onlookers and any other bystanders from injuries and related damages. A city’s municipal administration is liable if it allows illegal fireworks or fails to get the required licenses for fireworks celebrations. For instance, local officials in Missouri could be sued in the aftermath of an event using pyrotechnics in Kansas City that results in severe injuries.
Who Can Be Held Liable
- The merchant
- The importer
- The maker of the fireworks
These companies are supposed to provide superior goods, and they must ensure that their products function properly. If the pyrotechnics misfire and cause damage, the plaintiff can seek compensation and the company can be held liable for accidents caused by defective pyrotechnics. Individuals who abuse pyrotechnics may sue for damages if they can prove that a defect in the explosives, and not their own fault, caused their injuries.
Losses and Damages Due to Fireworks
Rarely, punitive damages may be granted if the offender engaged in very blatant or malicious activity, such as recklessly setting off fireworks or purposely causing others to be injured. Although punitive damages do not apply in the great majority of cases involving personal injury, they may amount to very large amounts.
Other criteria, such as the financial stability of the defendant, may limit the amount of compensation you may seek for your losses, despite there being several ways to examine the technical merits of your case.
If the defendant lacks sufficient insurance to cover your losses, you will be unable to recover as much from them. This is often less of a worry in circumstances involving product liability or when the defendant is an insured professional.
In addition, obtaining recompense for damages will be difficult, if not impossible, if it cannot be shown that the defendant was negligent or reckless in causing your injuries. The defendant may be able to negotiate a lower settlement sum if your case seems weak.
When You Suffer Fireworks Injuries
In addition to higher temperatures and an increase in outdoor activities, the arrival of summer increases the probability of disastrous fireworks accidents. If you or a loved one suffered injuries in an accident caused by the negligence of another party or defective pyrotechnics, Peterson & Associates, P.C. may be able to help you in obtaining financial compensation.