Fourth Of July Aftermath: Personal Injury Claims For Firework Accidents
While many of us associate the Fourth of July with fireworks and fun, the unfortunate reality is that thousands of people sustain firework-related injuries every year on Independence Day. Unfortunately, this year a nine-year-old girl in Southern California was seriously injured when fireworks exploded next to her at Burrell-MacDonald Park in Compton. According to the South Gate-Lynwood Patch, the little girl lost fingers on her right hand, suffered burns on her face, and injured her left hand so badly that it had to be amputated. While it is unclear at this time whether or not the little girl’s family will file a personal injury claim on her behalf, it is important for the public to know that victims who are injured in firework accidents may be able to recover damages for their injuries by filing a personal injury claim.
Personal Injury Claims To Recoup For Firework-Related Injuries
Determining whether some individual or company can legally be held liable for your firework-related injury can be complicated as there are a number of different legal theories that may apply. For example, one legal theory of liability that often applies in these types of personal injury cases is the legal concept of negligence. The theory of negligence can be a bit complicated but essentially holds a party liable for injuries sustained by the victim if that party failed to exercise the level of care that a reasonable person would have been expected to exercise given the circumstances. Essentially, a person is often deemed to have acted negligently if they acted in a careless manner and as a result someone else was hurt. For example, if a teenager intentionally shoots a firework at his friend and that friend is injured when the firework explodes in his face, a court would likely find that the teenager acted negligently and is liable for his friend’s injuries. Determining liability can be tricky and therefore it is always a good idea to consult with an experienced personal injury lawyer about your claim.
Safety Tips for Those
According to the Consumer Product Safety Commission’s 2015 Annual Firework Report, an estimated 11,900 people went to the hospital due to firework-related injuries in 2015 and 11 people died. Given the prevalence of firework-related injuries across the United States, it is a good idea to review the American Pyrotechnics Association (APA) list of safety tips before lighting those leftover Fourth of July fireworks that are sitting in your garage. A few of the APA’s key safety tips include:
- Read all instructions carefully before lighting your fireworks,
- Never let children light fireworks without supervision,
- Only light one firework at a time,
- Always have a water bucket and a connected water hose close by, and
- Do not ever aim fireworks at people.
While safety should always be a top priority, also keep in mind that not all types of fireworks are legal, and that fireworks are not legal everywhere in California. You can check out a brief summary of California’s firework laws here.
How Can We Help?
If you have sustained a firework-related injury and are interested in pursuing a personal injury claim, contact the Case Barnett Law Firm today for a free consultation. Our Costa Mesa personal injury lawyers are happy to help you and can be reached at (949) 861-2990.