Sometimes, things that are great fun can lead to great danger. During the mid year holiday season, Independence Day brings both fun and danger. For the 4th of July, it is tradition for families to purchase fireworks to create a show. These fireworks are very colorful and are known to light up the skies all over the country. Because they are so fun, people often forget that fireworks can lead to a great deal of danger that can be both physical and very traumatic. In the event that you or someone you know may be a victim of an injury connected to fireworks, there may be legal options for you.
Liability with Injuries from Fireworks
Firework injuries are very tricky when concerning liability, so the laws vary from state to state. There are some places where a purchase is legal, but to actually use the fireworks is illegal. When you are in the process of pursuing a personal injury claim, there are a few legalities that must be considered to determine if you have a legitimate personal injury claim. Like any other personal injury case, one must determine who is at fault for the injury from the fireworks. To do so, there are four factors that must be determined. Your case will crumble should you not have all four:
- Did the “at-fault” party have a duty of care to prevent injuries?
- Did the “at-fault” party fail to adhere to that duty?
- Did this failure to adhere cause the victim’s injury?
- Did that or those injuries cause damage that can be compensated for?
Speak with a Personal Injury Attorney
These are the questions that must be asked if you or your loved one wishes to pursue a personal injury claim due to a firework injury. The same would apply for someone who set off fireworks and caused injury to another party. For some fireworks, there is some training required, or at least the reading of instructions.
In any case, the individual or entity that causes the injury will likely be deemed responsible unless there was, in fact, no training shared or instructions given to avoid injury. There are specific laws depending on where the injury took place, and to better educate yourself it is best to speak with a skilled personal injury attorney, like a personal injury attorney in Atlanta, GA, about your options. A personal injury attorney will be able to review the facts of your case and help you determine what your best and legal options are.
Thanks to the law office of Andrew R. Lynch for their insight into who could be held liable for an injury sustained from fireworks.