Injured in an Accident with Fireworks?
Let Our San Jose Firework Accident Attorney Help You Recover
Firework displays mesmerize celebrants every New Year and Fourth of July, as well as other cultural celebrations like Chinese New Year, Tet, Lunar New Year and more. However, it is this same explosive power that causes severe injuries when fireworks are not manufactured or ignited properly. For example, in 2013 at a fireworks show in California, a defective firework exploded early and sent shrapnel and rockets into the crowd, resulting in injury to 39 people. Still, these types of large-scale disasters are not common. However, firework injuries at home are not so rare. It is estimated that an average of 11,100 firework injuries send people to the hospital each year. If you sustained an injury due to fireworks, especially if you were on someone else’s property, then contact a firework injury attorney right away.
The attorneys at the Law Offices of Braid Pezzaglia represent firework accident victims throughout Santa Clara County and all of California. A firework injury lawyer from our team can meet with you, free of charge, to discuss your circumstances and advise you of your best options moving forward. Then, if we accept your case, we will aggressively represent your interests and seek full compensation for all your losses.
What Are the Dangers of Fireworks?
Most of the injuries caused by fireworks result from misuse by consumers. Common firework accidents involve improperly lighting fireworks, igniting fireworks too close to other people, or holding fireworks in one’s hand and lighting them. Still, even with proper care and use, fireworks are dangerous explosives. Thus, they can react unpredictably and cause severe injuries. The chance injury increases exponentially when there are manufacturing or design defects in the fireworks or they lack adequate warnings.
A malfunctioning firework can cause injury in numerous ways. For instance, a manufacturing defect in a firework can cause it to explode prematurely, before the person that lights it has a chance to get far enough away. Additionally, a defect related to the fuse may cause the explosive powders to ignite in a manner that was not intended by the manufacturer, causing an unexpected explosion. Many fireworks, such as bottle rockets, are designed to soar through the air. However, they often take unpredictable flight paths which can injure onlookers or damage nearby property, like vehicles and buildings. Workers transporting, handling, and lighting fireworks may also sustain injuries. Whether the result of a manufacturing defect or improper use, injuries from fireworks can be catastrophic.
Some common injuries fireworks can cause include:
- Loss of eyesight
- Loss of hearing
- Loss of fingers and hands
Who Is Liable for Firework Injuries?
Whether injured as a spectator at a firework show accident or as a user of a defective firework, victims may be able to recover compensation for their injuries. Spectators who suffer injuries at a cultural New Year’s celebration or party may be able to hold the organization or person setting off the fireworks liable. This is possible under the personal injury theory of negligence. Even the individuals that organized the event may be liable for failing to properly supervise the activity. If the city government organized the event, then state law may limit liability. However, cities still have a duty to reasonably protect onlookers from injury. When a city fails to fulfill this duty, the city opens itself up to liability.
An importer, retail seller or the manufacturer may be held accountable for damages when fireworks they put into the stream of commerce malfunction and cause injury. Anyone involved in the chain of commerce may liable. This is because manufacturers, distributors and retailers have a duty to sell products that free of design and manufacturing defects. Many fireworks come from China, so suing the store operator or the importer is often the only way for firework injury victims to recover damages. Even individuals who injure themselves with fireworks may still be able to recover compensation. However, in these cases, you must demonstrate that a defect, rather than negligence or intentional misuse, caused your injuries.
Firework Injury? Call Our San Jose Firework Accident Attorney
Firework shows are popular entertainment in January and July, but are also traditional in many cultures. For example, the Chinese New Year and Tet (Vietnamese New Year) usually include firework displays.
However, serious firework accidents can leave victims with significant financial losses. These may include medical bills, loss of quality of life, pain and suffering, and lost income. If you suffered a firework accident, then contact a San Jose firework injury lawyer to discuss your circumstances and options. As personal injury and product liability attorneys, we will be able to evaluate your situation and help you determine the best course of action.
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Attorney Braid Pezzaglia has over 20 years of dedicated legal experience and provides legal counsel and guidance in five languages, including Japanese, Spanish, Chinese, and Tagalog. We work to customize your experience for your needs.
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