Independence Day is often a day full of barbecues, friends, family—and at night, firework displays. Whether you’re setting them off yourself or watching a professional fireworks show, they can be dangerous. Any time you combine fire and explosives, injuries and death can occur. That’s why thousands of Americans visit the emergency room each year for firework-related injuries.
Firework accident victims often want to know if they have any legal recourse, especially if the accident occurred through no fault of their own. Here are some of the ways you might be able to recover compensation.
Injuries from Personal Use Fireworks
Many types of personal use fireworks are illegal to use in Ohio. Ohio Revised Code Section 3743.65 allows residents to buy 1.4g fireworks within the state, but only certain kinds—glow worms, smokes, sparklers, snakes and fun snaps, among others—are legal to set off on your own. These type of fireworks are much less likely to result in severe injury.
However, accidents can still happen. If, for example, you were injured by a legal firework that did not operate as advertised, you may have a products liability case. Manufacturers are liable whenever they sell a product that is either defectively manufactured, defectively designed or when they fail to provide adequate safety warnings.
Injuries from Professional Firework Shows
What happens if you’re injured by a professional fireworks display? While this is a relatively rare occurrence, some people have been seriously injured simply by sitting back and watching the show.
Who you can sue—and under what theory of liability—depends on the circumstances of the case. For example, if an operator fails to set off the fireworks safely, a spectator may be able to sue them and/or their company and/or the city or county for negligence. The company in charge of providing and igniting the fireworks has a duty of care to uphold, and municipalities have a duty to protect bystanders from injuries. While a municipality may try to limit their liability, it’s worth talking to an attorney to discuss your options.
If the fireworks themselves are defective, it may be possible to sue the manufacturer or importer of any foreign fireworks. Seek medical assistance immediately, then call a personal injury attorney to discuss your options. No innocent bystander should have to bear their medical and other costs alone.
Consult with a Personal Injury Lawyer About Your Case
Have you been injured by fireworks? Depending on the circumstances of your case, you may be able to recover compensation. If someone else is at fault, I’ll Make Them Pay!® Call me today at 877.944.4373 for a consultation.