The Fourth of July is a festive time when families often gather to enjoy barbecues, drinks, and fireworks. Unfortunately, each year, a number of people throughout Florida and the United States are injured in fireworks-related accidents. If you or someone you know has been injured in this type of accident, it is important to seek the help of a Miami attorney who can assess the merits of your case.
While fireworks can be a great source of enjoyment, they also can cause serious injuries, including burns, eye injuries, loss of limbs, smoke inhalation, and even fatalities.
According to the Consumer Product Safety Commission (CPSC), slightly more than 12,000 Americans hurt themselves with fireworks last year. Roughly two-thirds of those injuries happened in the three-day period from July 4 to July 6, corresponding with the Fourth of July weekend. The data also show that most firework injury victims are male. In fact, males account for an overwhelming 74 percent of the injuries. In addition, children younger than 15 years of age account for over one third of all firework injuries.
If you have been injured due to the negligent operation of fireworks, you may be able to file a lawsuit. For example, if fireworks malfunction and fall into a crowd where you are, you may be able to seek compensation for your injuries from the at-fault party. These claims are typically rooted in the theory of negligence. Negligence is a failure of an individual to exercise reasonable care in actions or omissions that causes an injury to another person. Reasonable care is defined as how a prudent person would act in the same or similar circumstances.
To prevail on a negligence claim, you must show that the defendant owed the plaintiff a duty of care, the defendant breached the duty of care, and the plaintiff’s injuries and damages were a direct result of the defendant’s breach.
If the fireworks were designed or made defectively, you may have a valid product liability claim against the manufacturer. Product liability claims require showing the following elements: i) the plaintiff suffered bodily injury or property damage; ii) the product was either defectively designed or defectively manufactured, or there was a failure to warn of known risks or risks that should have been known; iii) the product was being used as intended; and iv) the plaintiff’s harm was a direct result of the faulty product.
CPSC reports indicate that a total of 11 people died due to firework-related mishaps in 2014. If someone close to you has been killed due to a fireworks accident caused by negligence, you may be able to file a wrongful death lawsuit against the at-fault party.
Unfortunately, Fourth of July weekend injuries from fireworks have become one of the hallmarks of Independence Day. At the Law Offices of Robert Dixon, our skilled Miami product liability attorneys can meticulously analyze the facts of your firework-related injury and determine the viability of your claim. We proudly represent clients throughout South Florida. To discuss further, do not hesitate to call us at 1-877-499-HURT (4878) or reach out to us online today.
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