In Florida, fireworks are a standard aspect of major holidays. Whether you’re celebrating New Year’s Eve or the Fourth of July with family or friends, fireworks add to the fun and make the occasion more memorable. Fireworks come in various shapes, sizes, and colors, and people of all ages enjoy them. Unfortunately, fireworks are inherently dangerous explosives.
Thousands of people are injured yearly by fireworks, rockets, sprinklers, and other pyrotechnics. This fun way to spend a summer evening has also caused thousands of fires. Anyone who has been injured because of fireworks should be aware of their legal options for obtaining damages. You might be eligible for compensation if your injury was caused by someone else’s negligence.
Filing a Claim After a Florida Firework Accident Injury
Firework accident victims in Florida may be entitled to compensation. Following a fireworks accident, there are typically three categories of claims that may arise depending on how your accident occurred: product liability, premises liability, and personal injury.
If you were injured after setting off the fireworks yourself, your injury could have resulted from a defective product. In this case, you may be able to file a product liability suit. To be eligible for a product liability claim, the fireworks must have been defective or malfunctioning while you used them in a reasonably predictable manner.
If you were not the one who set off the fireworks, you might be able to file a personal injury claim or a premises liability claim if the accident occurred on their property.
Liability for Firework-Related Injuries
Liability for your firework-related injuries is dependent on how the fireworks accident occurred. The nature of your accident will determine who you should file your claim against.
Product Liability Claims
When fireworks malfunction due to manufacturing errors, the fireworks manufacturer or vendor could be held liable for your injuries in a product liability claim. Because the vast majority of fireworks are manufactured in other countries and imported into the United States, obtaining compensation can be difficult.
You must take special precautions when suing manufacturers outside of the United States. Although, you may be able to sue the importer rather than the offshore manufacturer in some situations.
Personal Injury and Premises Liability Claims
If you were hurt due to someone else’s negligent firework display, you might be able to claim damages from the party or individual who caused your injury. A company putting on a professional fireworks event and a person holding a backyard fireworks display are two prominent examples of liable parties in fireworks accidents.
In both cases, the parties responsible owe you a duty of care, meaning they have a responsibility to protect you from getting injured because of the fireworks. Whether you were harmed by the fireworks themselves or because the display was poorly planned, you may still have a personal injury case against the company because your injuries were caused by their negligence. In the case of the backyard display, you may be able to file a premises liability claim against the homeowner.
The type of claim that is most appropriate for your situation is determined by the specifics of your case.
Consult an Experienced Florida Personal Injury Lawyer
Anyone who uses fireworks has a responsibility to be cautious. Fireworks can cause serious harm and property damage to anyone nearby, regardless of whether or not they are participating in the activity. Anyone who has been injured by fireworks should be aware of their legal options for obtaining damages. Your greatest resource for determining who can be held accountable for your fireworks injuries is a personal injury attorney experienced with firework injury cases.
At The Law Offices of Scott Sobol, we may be able to determine which legal theory of negligence best applies to your fireworks accident and help you file a claim. Following a fireworks accident, Attorney Scott Sobol may be able to assist you in recovering medical bills, lost wages, diminished earning ability, pain and suffering, emotional anguish, and other damages. We have represented more than 1,000 clients, and our goal is to get you the compensation you deserve as well. Schedule a free consultation by submitting our contact form or calling our firm at (954) 440-2000.
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