The use of fireworks is a staple at many American holiday celebrations, especially around the 4th of July and other summer holidays. While fireworks can be a fun way to cap off a great night spent with friends and family, they also carry a certain level of danger. Fireworks accidents can take place in a matter of seconds and can lead to serious or fatal injuries for victims. There are a number of potential ways that a fun fireworks show can quickly turn deadly. Victims or family members who have experienced a fireworks accident may have certain legal rights.
Every fireworks accident case must be carefully analyzed in order to determine what legal options might be available to those who were hurt. Here, we will discuss some of the most common issues related to fireworks accidents and how victims might seek compensation if they were injured. Contacting a national fireworks accident lawyer is one of the most effective steps that you can take in the aftermath of a fireworks injury. Here at Burg Simpson, we have a team of seasoned and skilled attorneys who are ready to go to work for you if you have been hurt by a fireworks explosion.
Fireworks Accident Statistics
Statistics indicate that fireworks-related injuries are becoming more prevalent across the country. According to the United States Product Safety Commission, an estimated 10,200 fireworks injuries were reported in 2022. Emergency department visits were estimated to be 3.1 per 100,000 individuals in the United States during the same year. Historically, between 2007 and 2022, the country saw an average increase of 535 fireworks injuries each year.
A certain demographic of individuals are the most likely to be injured by fireworks. Statistics indicate that 65% of fireworks injuries are suffered by males while 35% are suffered by females. People between the ages of 25-44 are the most commonly injured victims while children under 15 accounted for the second-highest injury rates.
A pattern also exists with regard to the area where injuries are suffered. According to the Product Safety Commission, the most frequently injured body parts were hands and fingers, accounting for 29% of all reported injuries. Head, face, and ear injuries made up 19% of all injuries, while leg injuries also accounted for 19% and eyes made up about 16% of injuries. The remaining two body parts suffering frequent injuries were the trunk with 12% and the arms with 5%.
The type of injuries caused by fireworks were burn injuries, representing 38% of all reported injuries, and contusions and lacerations accounting for 30%. The large majority of victims, nearly 90% received treatment in an emergency department and were then released. Approximately 10% of victims were treated and then transferred to other hospitals for additional treatment.
The Causes of Fireworks Accidents
When a fireworks injury occurs, determining the exact cause is the next step for victims who are looking to receive compensation. According to studies, the most common cause of a fireworks accident is individual misuse. These incidents account for about 41% of all reported injuries. Next, about 35% of victims are injured by device failure. The remaining incidents occur due to other causes, largely related to fireworks that are non-compliant with regulatory and safety standards. These fireworks are likely defective upon being manufactured and sold.
Who is Responsible for Fireworks-Related Injuries?
Following a fireworks accident, victims may be entitled to seek legal compensation for their injuries. However, liability for these types of accidents is often complex, although it is key to determining the outcome of a lawsuit.
Assuming that product misuse was not the main contributing cause, the first place to look is the manufacturer. In cases where it can be proven that the fireworks were defective or otherwise malfunctioned, product manufacturers may be held liable. Most importantly, a products liability case is sometimes under a strict liability standard. This means that the manufacturer is responsible even in the absence of any negligence on their part. The fact that the product malfunctioned is sufficient to prove legal liability. Not all fireworks cases will be governed by strict liability although many of them will.
In addition to manufacturers, liability for these types of injuries generally runs down the chain. While the manufacturer is at the top of the chain, others along the supply line can also be held responsible. This includes fireworks stores and retailers who sell defective or malfunctioning products.
Available Fireworks Accident Damages
Victims who have been hurt, along with their family members, often wonder what they can recover following a fireworks accident. The following damages are typically available:
- Medical Bills: The cost of any medical care needed due to fireworks injuries, including prescription costs and follow-up care
- Lost Wages: If you were forced to miss time from work due to your fireworks accident injuries, you could be entitled to compensation
- Pain and Suffering: Fireworks accidents often result in painful injuries such as burns, lacerations, and scarring. The pain and disruption caused by these injuries can be claimed by victims.
- Punitive Damages: Certain cases may involve conduct that is so negligent or reckless that victims are entitled to recover punitive damages from the defendant.
National Fireworks Accident Lawyers
If you or a loved one have been hurt in a fireworks-related accident, you may have legal rights. Having an experienced national fireworks accident attorney by your side is crucial during this time. Fireworks accidents are complex and must be carefully investigated in order to determine the cause and who should be held responsible. Your attorney can look into the incident and advise you of your legal rights.
Here at Burg Simpson, we have a team of dedicated and driven lawyers and legal professionals. We are here to help during your time of need. Our firm provides free consultations and case evaluations for all potential and prospective clients. When we meet with you, we will go over your legal rights and help devise a plan for success. There is no attorney fee and no financial obligation unless we win.
To speak with one of our attorneys regarding your case, please reach out to us using our online intake form or give us a call at 866-637-1207.