Before discussing negligence in fireworks injuries, it is important to understand fireworks safety in order to reduce the risk of injury:
● Always follow the directions on the packaging
● Never set fireworks off indoors or near fire hazards like tall grass, dry leaves, and other fireworks
● Do not try to reignite malfunctioning or used fireworks
● Always keep a fire hydrant nearby in case of fire
If you follow all the safety guidelines and have still been injured, it may be the result of a product malfunction or the negligence of the company hosting the fireworks display.
Malfunctioning Fireworks Injuries
Malfunctioning fireworks can cause a variety of injuries. They can explode prematurely before the lighter has gotten a safe distance from the firework. They can also explode in a way not intended by the manufacturer. Finally, they can take unpredictable flight paths injuries people who are in safe areas. In these cases, you may have a case for product liability because the injuries were the result of manufacturing or design defects.
Fireworks Injuries From Inadequate Warnings
Another way a fireworks manufacturer or designer may be responsible for injuries is if the firework does not include adequate safety warnings. Since they are so dangerous, fireworks are highly regulated by the federal government under the Bureau of Alcohol, Tobacco, and Firearms (ATF). Fireworks are required to have strict warning and instruction labels to help prevent user errors that can lead to injury. You can read about these warnings on the ATF website. There are also cases where people have sold illegal fireworks and the seller may be held liable for any injuries.
Fireworks Spectator Injuries
Another way that fireworks injuries can occur is while watching a fireworks show. If the company hosting the fireworks show does not exercise proper safety precautions or does not adequately supervise the event they may be held negligent for any injuries. This can include everything from not correctly lighting the fireworks to not obtaining the proper permits for the show. Manufacturers can also be held liable if their product malfunctions during a show and injure people in a spectating crowd.
What To Do If You Are Injured By A Firework
If you are injured by a firework, whether from a product malfunctioning or as a spectator, the manufacturer, distributor, or fireworks host may be liable for your injuries. In that case, you will be entitled to damages for your injuries and will need to speak to a personal injury attorney to prove your case. At All Injuries Law Firm, we specialize in difficult cases like fireworks injuries and can help you prove negligence and negotiate a fair settlement for your injuries. So this year follow the above safety tips to help reduce your risk of injury but know if you are injured, we are here to help.