As the summer approaches, firework displays become more common, especially on time-honored occasions such as the 4th of July. While fireworks can be enjoyable for you and your entire family, they can also cause serious injuries and even death. If fireworks have injured you or someone close to you, it is important to seek the help of a qualified Miami injury attorney who can analyze the facts of your case. At the Law Offices of Robert Dixon, we are well versed in all types of personal injury law and can put our acumen to use in your case.
While all fireworks except for ‘sparklers’ are illegal in Florida, people do manage to use loopholes to get their hands on them. It is reported that each year, about 1,000 people seek treatment for firework-related injuries. According to the United States Consumer Product Safety Commission (CPSC), in 2010, approximately 1,900 people were injured by fireworks during the 30 days surrounding the 4th of July and ended up in the emergency room. In 2013, over 11,000 people were treated in emergency rooms for firework-related injuries.
Sparklers burn at more than 1,000 degrees Fahrenheit and can lead to serious injuries. Firework accidents can lead to serious eye injuries, loss of limbs, burns, permanent scarring, emotional trauma, and other types of long-term harm.
If you’ve been injured in a fireworks accident, you may be able to file a negligence or product liability claim. Negligence is a failure to exercise reasonable care in one’s actions. The duty of reasonable care is defined as the obligation of every individual to behave sensibly in a given situation. In order to prevail on a negligence claim, the plaintiff must establish the following elements: i) the plaintiff was owed a duty of care; ii) the defendant’s conduct violated this duty of care; iii) the defendant’s violation was the direct cause of the plaintiff’s harm; and iv) the plaintiff sustained damages.
Those who are injured in public firework displays may have a claim against a local government. If this is the case, a special set of rules is applicable to bring such a claim. The best way to determine whether you can pursue legal action is to talk to an attorney who understands this area of the law.
A product liability claim is one in which the plaintiff alleges that the manufacturer or seller of a particular product should be accountable for placing a defective product into the hands of a consumer. For example, if a firework’s wick is too short, it might explode too quickly for anyone to light it safely. In such a scenario, the manufacturer and seller may be liable for putting a faulty and dangerous product into the stream of commerce.
If you or a loved one has been injured or killed due to fireworks, we can help. At the Law Offices of Robert Dixon, our seasoned Miami product liability attorneys can thoroughly assess your situation and provide you with a realistic evaluation of your claim. We sincerely believe in holding negligent parties accountable for the harm they cause, so you can trust that we will zealously advocate for your rights. To learn more, call us at 1-877-499-HURT (4878) or contact us online today.
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Spectator Injuries at Sporting Events in Florida, South Florida Injury Lawyer Blawg, May 4, 2016
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