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Fireworks Negligence Can Cause Personal Injury Cases

Posted on in Personal Injury

Fireworks Negligence Can Cause Personal Injury CasesTechnically, there are no legal fireworks for sale in Illinois. Items such as sparklers and smoke devices are legal because the state does not consider them consumer fireworks. However, the law does not stop Illinois residents from purchasing fireworks in other states and having amateur Fourth of July fireworks shows outside their homes. Residents are required to have an explosives license to purchase and use fireworks because of how dangerous they are for everyone near them. Even the legal items can be harmful if used irresponsibly. You can file a personal injury lawsuit if you were injured in a fireworks accident due to someone’s negligence.

Injury Risk

Burns are the most common injury associated with fireworks because of their incendiary and explosive nature. Hands are particularly vulnerable because of the danger in lighting fireworks. The resulting injuries can require fingers to be amputated. Other common injuries include:

  • Lacerations;
  • Fractures;
  • Sight damage; and
  • Hearing damage.

Fireworks injuries are not limited to those who use them. Fireworks travel at high speeds and can cause serious damage to people or objects upon collision. Bystanders may be injured if they are unaware of the danger or if the user is reckless.

Product Liability

You will likely not have a personal injury case if your own negligence in using fireworks caused your injuries. You may be able to file a product liability lawsuit against the manufacturer or seller if the firework was defective. However, you will have difficulty proving that either party was negligent because fireworks are inherently dangerous. You would need to prove that someone manufactured or sold fireworks that they knew were defective or were designed carelessly.

Bystander Injuries

You will have a stronger personal injury case if you were injured by someone else using fireworks, particularly if that person was not licensed to do so. Property owners are most often held liable for fireworks injuries that occur on their property, and homeowners’ insurance may cover the damages. It is more difficult to file a lawsuit if you are injured at a public fireworks show because of municipal tort immunity laws. You would need to prove that the licensed fireworks operator or the hosting governmental agency acted recklessly in causing your injuries.

Seeking Compensation

It can be awkward to file a personal injury lawsuit for a fireworks injury because the defendant is often someone you know personally. However, you may need to receive compensation if your fireworks-related injuries are severe. A McHenry County personal injury attorney at Botto Gilbert Lancaster, PC, can help you establish liability and proper compensation for your fireworks injuries. Schedule a free consultation by calling 815-338-3838.

Source:

https://advantagenews.com/news/idnr-leave-fireworks-displays-to-the-experts/

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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