When Fireworks Go Awry: Are You Liable for Injuries Sustained from Consumer Fireworks?
The 4th of July may have come and gone, but the fun of fireworks has not yet faded, and as a consequence, neither have the risks. Fireworks are one of America’s most dangerous past times, as they result in nearly 10,000 personal injuries each year, and approximately 4 deaths. While those numbers may seem small, when compared with the small window of time in which fireworks are enjoyed (the 30 days surrounding the 4th of July and occasionally on New Year’s Eve), handling and setting off fireworks is very risky business.
Though consumer fireworks are illegal in the state of Florida – with the exception of sparklers – if you have been involved in a fireworks accident that caused you bodily harm, you may be entitled to a personal injury claim. Reach out to your Fort Lauderdale personal injury law firm to see if your injuries qualify you for a personal injury claim, and if so, how to go about filing your suit and receiving just damages.
Florida’s 2016 Fireworks Casualties
Three Florida residents – aged 13, 28, and 50 – all sustained injuries this past 4th of July thanks to illegally obtained fireworks. While the 13-year-old boy suffered a bleeding and mangled hand, he thankfully did not lose any digits; the 28-year-old and 50-year-old, on the other hand, were not so lucky. The accident involving the 50-year-old, which took place in Fort Lauderdale, resulted in three missing digits to one hand. The 28-year-old suffered from burns to his face, torso, and hair after a firecracker exploded prematurely in his hands.
Injuries such as the ones sustained by these three individuals can cause lasting emotional trauma, and can affect one’s ability to perform daily activities and to work. Because of the potential long-term casualties sustained from fireworks, it would be in your best interests to consult a Fort Lauderdale personal injury lawyer regarding your injuries to see if you qualify for a personal injury claim.
Are You Entitled to a Personal Injury Claim?
Though consumer fireworks are illegal in Florida, as we mentioned above, you may still be entitled to a personal injury claim if you were injured by a firecracker this past July. In some instances, such as in the case of the prematurely exploding firecracker, the company that produced the firecracker may be at fault. If there was a defect with the explosive, you could have a product liability suit on your hands.
A product liability claim is one in which you, the plaintiff, claim that the product was faulty in some way, and that the manufacturer was to blame. For example, a firecracker’s wick may be too short, thereby placing the consumer in immediate harm’s way. In this instance, the manufacturer would be liable for putting a dangerous product in the hands of consumers.
If you were injured as a result of someone else’s negligence, you could file a personal injury suit against that individual on the grounds that they did not exercise reasonable care in setting off the firecracker. In order to file a successful negligence claim you must be able to prove the following:
- That you, the plaintiff, was owed a duty of care by the defendant;
- That the defendant’s conduct violated the duty of care;
- That the defendant’s violation was the direct cause of your injuries; and
- That you sustained damages.
If you can prove each of those four things, you may have a negligence case on your hands.
Consult a Personal Injury Lawyer
At The Pendas Law Firm, our Fort Lauderdale personal injury lawyers can reasonably evaluate your situation and help you determine whether or not you are eligible for a personal injury claim. If you are, our team of experienced lawyers can guide you toward a successful outcome and help you achieve the damages that you deserve. To schedule a private consultation with one of our personal injury lawyers, contact us today. Our firm services individuals in Orlando, Tampa, Fort Myers, Jacksonville, West Palm Beach, Fort Lauderdale & Miami.
