It’s All Fun & Games Until there’s a Fireworks Accident!
Fireworks Injuries Affect Thousands of Americans Every Year
What would the 4th of July be without the fireworks? The familiar sights, sounds and smells of exploding light add a whole lot of sparkle, but also a lot of danger with these celebrations. The majority of fireworks injuries are sustained by children and young adults. The National Fire Protection Agency warns that fireworks can turn fun into tragedy quickly. In 2006 there were 32,600 fires, six deaths, 70 injuries and $34 million in property damage reported to have resulted from fireworks.
Close adult supervision is critical when children are playing with fireworks. This can help protect the child from injury but also protect the parent from being sued for property damage or injury caused by a fireworks explosion.
What Causes Fireworks Accidents?
Fireworks Manufacturing Defects
The fireworks manufacturer has a duty to distribute a product that will function safely for its intended use. If a fireworks product causes injury due to a manufacturing defect or inaccurate or confusing instructions, the manufacturer has breached their legal responsibility to build a safe product.
Fireworks Negligence
The second problem causing fireworks accidents is negligence on the part of the person lighting the fireworks. A person must use due care when lighting the firework which means using an approved method recommended by the manufacturer and taking reasonable precautions. The biggest factor to consider is where you are lighting the fireworks: have you kept a reasonable distance from the firework to the people in the area, and is there any debris around the firework that could catch fire.
Parental Negligence
A parent can be held liable or considered negligent for their kids’ fireworks damage even if they didn’t know the child was using them. Leaving fireworks, matches or a lighter in an accessible place could be enough to be sued for negligence in a fireworks property damage or personal injury case.
If you have been injured in a fireworks related accident and aren’t sure if you can or should seek compensation for medical bills or other expenses, please contact the experienced personal injury attorneys at Tario & Associates. We will help you identify if you have a case and move quickly to pursue any compensation you are due.
When you call us we will have questions to help identify the particular details of your case but some questions you may want to consider are:
- Can I sue the fireworks manufacturer if I get hurt using their fireworks?
- What is considered negligent behavior when lighting fireworks?
- I left my lighter out and my child lit off the fireworks on the counter, causing damage to our kitchen. Can I make an insurance claim or would this be considered parental negligence?
- What information should I provide my insurance company about my fireworks injury?
- If I’m using fireworks and I start a fire, can I still be charged with arson if it was an accident?
- Can my insurance company deny a claim if the damage was caused by fireworks I bought out of state and set off in my yard?
- Am I liable for property damage or an injury caused by fireworks set off by my underage child?
- I was injured in a fireworks accident at our neighbor’s party. Should I sue for medical expenses?
Each state has their own rules and regulations around fireworks. If you are throwing a party at your home and plan on lighting fireworks or having guests light fireworks it would be in your interest to read up on your local rules. For more information please read about Washington State’s fireworks laws.
Read More