FL Attractive Nuisance: What Is It? Every fourth of July, people come together to celebrate in the United States. Fireworks are always a big part of these celebrations. However, along with all this revelry, there is a real danger.
Fireworks hurt thousands of people each year in the U.S. The Consumer Product and Safety Commission reports that over 10,000 are treated in emergency rooms for fireworks injuries every year. And some do die as a result of those injuries.
Fireworks may be fun, but they also present a hazard to your health, as they can lead to catastrophic injuries when they’re used in a negligent way, malfunction, or prove defective.
If you’re involved in an accident with fireworks that you think may be due to the negligence of another, then you need to understand more about Florida law – and what you can do to get the compensation you deserve for your injuries. Read on to find out more.
What Causes Fireworks Accidents?
When people think of fireworks, they normally think of fun and celebrating, not accidents. But fireworks, as fun as they can be, are very dangerous when not handled in a correct and careful matter. People who work professionally with fireworks and those who use them privately should use safety procedures and precautions, but this isn’t always the case.
Most of the time, fireworks accidents are the result of:
- The inexperience of the person using the fireworks
- Defective fireworks
- Intoxication of the person using the fireworks
- Misuse or negligent use of the fireworks
- Improper direction
- Early explosion
- Using fireworks inside
The explosions caused by misused or defective fireworks lead to explosions and fires that can be very damaging to not only the person handling the fireworks but those around, as well.
The Injuries Caused by Fireworks
When things go wrong, and someone is injured by fireworks, the results can be devastating. The most common types of injuries sustained by those who are injured by fireworks include:
- Burns
- Brain Injuries
- Concussions
- Injured bones of the face
- Cuts and lacerations
- Hearing loss
- Vision loss
- Open wounds
- Hemorrhaging
- Reproductive tissue injuries, particularly for males
These injuries can lead to high medical bills, loss of the ability to work while healing, and pain and suffering. That’s why it’s important to consult with an attorney if you believe your injuries are the result of the negligence of another.
Who Is Responsible?
Whether you’re a professional or novice, when you handle fireworks, you are held legally to a high standard of care because they are so dangerous. That’s why fireworks accidents if they happen due to the improper handling of fireworks by another, make that person liable for injuries and damages that can result from accidents. Also, defective fireworks can result in the distributor or manufacturer being wholly or partially responsible.
To assess who may be liable for an accident involving fireworks, you must look at the following things:
- Whether or not the fireworks were defective
- Whether or not the firework was used in a negligent manner or mishandled
- Whether or not the person handling the fireworks did so wrongfully or carelessly
- Whether or not they owed a duty of care and it was breached
Based on the answer to these questions, you may be able to pursue a legal claim against another person for damages. It’s possible to recover compensation for lost wages, medical bills, loss of quality of life, and pain and suffering.
If an entity, such as a business or city government, is responsible for the fireworks injuries, then you may be able to file a suit against them for damages. In these cases, often, the organization or its employees were negligent.
They may have allowed people to sit too close to where the fireworks were going to be set off. They may have knowingly purchased defective or dangerous fireworks. Or they may have set up an unsafe area to launch the fireworks.
Stay Safe
When you’re handling fireworks, follow the proper protocols to keep people safe. Don’t buy illegal fireworks or alter fireworks once you get them home. Never use any fireworks that are meant for professional use, and keep your children away from them without proper supervision.
Young children should not have any access to fireworks. If you’re ever someplace you feel isn’t safe where fireworks are being used, leave to protect yourself and your family.
If you or someone you love has been injured by fireworks, then you need to consult with an experienced lawyer today. They can help you understand if you have a case and how to proceed to get the compensation you deserve.
About the Author:
Andrew Winston is a partner at the personal injury law firm of Winston Law. For over 20 years, he has successfully represented countless people in all personal injury cases, focusing on child injury, legal malpractice, and premises liability. He has been recognized for excellence in the representation of injured clients by admission to the Million Dollar Advocates Forum and named one of America’s Top 100 High-Stakes Litigators. Mr. Winston is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys a 10.0 rating by AVVO as a Top Personal Injury Attorney, and has been selected as a Florida “SuperLawyer” from 2011-2021 – an honor reserved for the top 5% of lawyers in the state – was voted to Florida Trend’s ”Legal Elite,” recognized by Expertise as one of the 20 Best Fort Lauderdale personal injury attorneys, named one of the Top 100 Lawyers in the Miami area for 2015-2021, and one of the Top 100 Lawyers in Florida for 2015-2017 and 2019-2021.
