Summer is here, the Fourth of July is coming up, and for millions of Americans, that means fireworks.
Americans have been setting off fireworks on the Fourth of July since July 4, 1777, in Philadelphia during the first organized Independence Day celebration. The Pennsylvania Evening Post reported, “there was a grand exhibition of fireworks (which began and concluded with thirteen rockets) on the Commons, and the city was beautifully illuminated.”
Fireworks can contribute to fun, memorable summer evenings. But unfortunately, they sometimes cause injuries.
You may be wondering if you can file a lawsuit if a fireworks accident occurs now that the Fourth of July is quickly approaching. This article will go into detail about if you can sue after a fireworks accident.
You can sue after a fireworks accident if a defective firework or somebody else’s negligence caused you to be injured.
Negligence is the failure to be reasonably careful to prevent yourself or others from being harmed. Negligence can be doing what a reasonably careful person wouldn’t do in the same situation. Negligence can also be failing to do what a reasonably careful person would do in the same situation.
For example, if someone points a firework at someone else and lights it, and the firework proceeds to injure the person it was pointed at, this would be an injury caused by negligence. A reasonably careful person would not point a firework at someone else and light it.
If somebody were to put on a fireworks show, but fail to make sure spectators watch from a safe distance, and spectators standing too close to where the fireworks are being lit end up getting burn injuries, this would be an injury caused by negligence. A reasonably careful person would not fail to ensure that spectators watch from a safe distance.
California law allows those who are injured by others’ negligent actions to obtain financial compensation for their injuries in a lawsuit against the negligent party.
Strict liability under California law also allows those who are injured by defective products to obtain financial compensation from those who manufacture, distribute or sell the products.
There are three kinds of product defects that you can sue for under California law:
• Design defects
• Manufacturing defects
• Failure to warn defects
Products have design defects when they are unsafe even when they are manufactured and used properly. Products have manufacturing defects when they are unsafe because something went wrong during the manufacturing process. Products have failure to warn defects when their manufacturer knows or should know they are dangerous, but fails to warn about the danger on the product’s labeling.
Who you would end up suing after a fireworks accident depends on the cause of the accident.
If you were injured by a firework due to somebody else’s negligence, you would sue the negligent party. If you were injured by a defective firework, you would sue the manufacturer of the firework.
If you get injured from fireworks, you should seek medical attention as quickly as you can. Not only is this critical for your health, but it is also critical for your ability to obtain financial compensation for your injuries.
If you end up filing a personal injury lawsuit over your fireworks injuries, you will most likely end up recovering financial compensation from an insurance company. Insurance companies, however, can claim your injuries were caused by something else if you wait too long to seek medical attention. It is vital that a healthcare provider document your injuries as soon as possible if you want to obtain financial compensation from an insurance company in a fireworks accident lawsuit.
Once you have seen a healthcare provider about your injuries, you will want to contact experienced personal injury lawyers like Nadrich & Cohen if you think your fireworks accident may have been caused by a defective firework or somebody else’s negligence.
Nadrich & Cohen Can Represent You in a Personal Injury Lawsuit
To summarize, you can sue after a fireworks accident if somebody else’s negligence caused you to be injured, or if you were injured by a defective firework. Nadrich & Cohen have been representing fireworks accident victims for over 30 years and don’t charge our clients a fee unless and until we obtain financial compensation for them.
For a free legal consultation, call (800) 718-4658
We have been proving that injuries were caused by negligence or defective products since 1990, and we have recovered over $350,000,000 on behalf of our clients in that time. We have the expertise and experience to obtain the largest possible recovery to compensate you for your fireworks accident injuries.
Call us or contact us online today for a free consultation if you or a loved one was injured by a fireworks accident. You may be entitled to financial recovery.