Fireworks injuries have become more common as consumer fireworks purchases are allowed in many states. Each year, millions of Americans purchase fireworks to celebrate holidays and special occasions. For example, more than $2 billion was spent on consumer fireworks in 2021.
When handled improperly – or if purchased fireworks turn out to be defective – the damage that can be wrought is significant. Each year, thousands of people suffer significant bodily injuries – including burns, cuts, blinding, loss of limbs, etc. – due to a fireworks accident.
Determining who may be held liable for a fireworks-related injury can be challenging. The liable party could be the individual who used the fireworks, the company that manufactured the fireworks, or possibly an event organizer who failed to exercise reasonable care or deploy necessary safety precautions.
Common Causes of Accidents Involving Firework Injuries
Understanding how fireworks-related injuries occur helps establish liability. While some accidents result from user negligence, others stem from defective products, improper supervision, or failure to adhere to safety guidelines. Recognizing these common causes can help determine responsibility and prevent similar accidents in the future.
Frequent causes of fireworks injuries include:
- Improper Handling of Fireworks: If an individual, company, or other organization fails to follow safety instructions during the deployment of fireworks, then that carelessness may lead to serious burns, eye injuries, and other serious harms and losses.
- Defective Consumer Fireworks: Malfunctioning consumer fireworks are prone to explode prematurely, misfire, and/or have excessive power. These defects can lead to life-altering bodily injuries.
- Lack of Oversight: Inexperienced individuals attempting to use consumer fireworks without proper oversight increase the risk of serious accidents occurring. Even small fireworks, such as sparklers, can cause severe burns when not handled properly.
Identifying the cause of a fireworks injury or accident is necessary because it allows your personal injury lawyer to better assess liability. If there is a viable legal claim, an attorney can pursue financial restitution on your behalf from the responsible party.
Examples of Common Fireworks Injuries
Examples of fireworks injuries that are, unfortunately, quite common include:
- Serious Burns and Scarring: Fireworks can cause significant and permanent burns depending on exposure time and intensity.
- Loss of Limbs: Misfired or defective fireworks can cause serious cuts or even loss of fingers or hands.
- Eye Injuries: Debris and sparks can lead to serious corneal burns, retinal detachment, and/or permanent vision loss.
- Hearing Loss: Loud explosions can rupture eardrums and lead to long-term hearing impairment.
Who Can Be Held Liable for Serious Fireworks Injuries
Holding the right party, or parties, responsible for fireworks injuries requires a detailed analysis and review of the specific facts, applicable laws, and safety regulations governing the use of fireworks. Your New Jersey personal injury attorney will work closely with you to assess the situation and determine if there is a viable legal claim.
Several parties may be responsible for injuries caused by fireworks, depending on the circumstances of the accident. Identifying the liable party is crucial in pursuing a successful personal injury claim. Possible liable parties may include:
- Property Owners: If fireworks are set off at an individual’s home or other private property, the owner of that property could be held liable for your harms and losses.
- Manufacturer of Consumer Fireworks: If there is evidence to indicate that the purchased fireworks were defective due to design or production flaw, then the manufacturer could be held liable for injuries suffered due to the defective fireworks.
- Retailer and/or Distributor of Consumer Fireworks: Businesses that sell consumer fireworks have a legal obligation to verify the safety of these products.
- Event Organizers Deploying Consumer Fireworks: Individuals and/or companies that host firework displays are obligated to maintain a safe environment and make sure that consumer fireworks are deployed properly.
Negligence in Fireworks Injuries Claims
When it comes to holding a party, or parties, liable in fireworks injuries claims, a key legal component is establishing negligence. In addition, we bear the legal burden of proving that the party’s negligence proximately caused your harms and losses. Relevant factors in establishing negligence in fireworks injuries claims include:
- Duty of Care: You must have evidence to indicate that the liable party owed a legal obligation to act safely and prevent harm.
- Breach of the Applicable Duty of Care: You must show that the liable party breached their duty of care by acting recklessly or disregarding safety protocols.
- Proximate Causation: You must show that the breach of care proximately caused your harms and losses.
- Economic and Non-Economic Damages: You need to have evidence reflecting measurable harms and losses. This element is typically satisfied through medical expenses, lost income, and/or emotional distress.
Establishing negligence typically entails compiling physical evidence, reviewing any available surveillance footage and/or photographs, and consulting experienced safety professionals to confirm improper handling of fireworks or assessing whether the fireworks were defective. It is strongly recommended you speak to an experienced personal injury attorney to get a better sense of your legal options, based on your specific circumstances.
Financial Restitution for Fireworks Injuries
Individuals seriously harmed in fireworks accidents may be entitled to financial restitution for their harms and losses. Forms of recoverable financial restitution generally include:
- Immediate and Future Medical Expenses: Recoverable expenses generally include hospital bills, surgeries, rehabilitation, and future medical treatments/physical therapy.
- Lost Income and Diminished Earning Capacity: You can pursue a recovery for income lost due to time missed from work.
- Pain, Suffering, and Emotional Distress/Trauma: You can pursue damages for physical pain, emotional distress, reduced quality of life and other non-economic harms and losses.
- Punitive Damages: Depending on the specific facts and circumstances, it may be possible to pursue an award of “punitive” damages that are intended to punish the responsible party in an effort to mitigate the risk of this type of incident occurring in the future.
Have Questions? Speak to an Experienced Personal Injury Lawyer at Bross Frankel PA Today
If you or a loved one was seriously hurt in a fireworks accident, you may be feeling overwhelmed and downright scared due to mounting medical bills, an inability to work, and having to engage in extensive physical therapy. A fireworks injury lawsuit won’t make you whole again, but it can provide a level of financial security to help you recover and rebuild your life. There are specific New Jersey Laws relating to fireworks which are set forth in N.J.S.A. 21:3-1, et seq.
At Bross Frankel PA, we are committed to helping New Jersey residents who have been seriously harmed in all types of accidents, including fireworks accidents. With decades of combined experience helping injured people of Cherry Hill and throughout New Jersey, our dedicated personal injury attorneys and team know how to get results. To learn more or to schedule a free, confidential case evaluation, contact us today at (856) 795-8880 or fill out our online contact form.