Our South Carolina Personal Injury Lawyers May Be Able to Help You Obtain Compensation After a Fireworks Accident
A Fourth of July celebration can quickly turn tragic when an unfortunate fireworks accident hits. Sadly, hundreds of people suffer severe injuries due to fireworks accidents every year. These personal injuries range from burns and eye trauma to the loss of limbs. While some incidents may be mere accidents, many others result from negligence or defective products.
In light of the injuries victims may suffer from fireworks accidents, it’s crucial to understand your legal rights when seeking compensation. Our South Carolina personal injury attorneys will work with you to hold responsible parties accountable.
Understanding the Dangers of Fireworks to Adults and Children
Dazzling fireworks displays come with their fair share of potential risks and dangers. According to the South Carolina Department of Public Health (DPH), most fireworks-related injuries are associated with holidays like the Fourth of July and New Year’s Eve. In fact, nearly three-quarters of all fireworks injuries occur in the weeks around Independence Day.
From sparklers to Roman candles, fireworks pose significant dangers to both adults and children. Their explosive nature can directly cause serious injury, but so can their indirect effects when they cause damage to nearby bushes, trees, and other flammable objects. Children are especially vulnerable due to their curiosity and lack of understanding.
The South Carolina DPH offers safety tips to reduce the risk of injury:
- Keep a bucket of water or hose nearby in case of an accident.
- Supervise children closely and do not allow them to handle fireworks.
- Only use the fireworks as intended. Do not alter or combine them.
- Remember to wear safety glasses or goggles when lighting fireworks.
- Spectators should keep a safe distance when watching fireworks displays.
- Do not hold lit fireworks in your hand.
- Never attempt to re-light a “dud” firework that did not work correctly.
- Light only one device at a time and stand clear until it has burned out.
- Light fireworks outdoors in a clear area free from people, houses, and other structures.
Possible Injuries Resulting From Fireworks Accidents
The majority of injuries from fireworks accidents are non-fatal, but they can be very severe. Serious burns are the most common, accounting for over one-third of all fireworks-related injuries.
Other injuries include:
- Severe bruises, bumps, and cuts
- Broken bones and fractures
- Loss of fingers and/or hands
- Permanent scarring
- Hearing damage or loss
- Traumatic brain injuries
- Psychological trauma
- Accidental death
Injuries involving the hands and fingers are the most common with fireworks. The head, face, ears, legs, and eyes are also at significant risk of injury. Eight people died in fireworks incidents during Fourth of July celebrations in 2023 nationwide, including five deaths from misuse.
Legal Liability for Fireworks-Related Injuries
Determining who is legally responsible for fireworks injuries can be complex. In some cases, the injuries can be self-inflicted from incorrect or unsafe use of the fireworks. In other cases, other parties may be legally liable.
Premises Liability
If you are injured by fireworks while you are on someone else’s property, premises liability laws may apply. This is similar to what you might see in dog bite cases where the dog owner could be legally responsible. The property owner owes a certain duty of care to invited guests.
Premises liability can also apply to commercial properties. Just as you may be able to sue the property owner or management if you drown at a hotel, you may also have the legal right to sue if you’re hurt during a fireworks display at a resort. They’re accountable for any dangerous business practices that may have caused injury, like a lack of appropriate safety measures.
Product Liability
If fireworks accidents result from defective or malfunctioning components, the product manufacturer may be legally responsible for damages. The fireworks may have non-compliant components that caused the injury, like containing explosive material beyond the legal limit. It may spontaneously explode or unexpectedly tip over from a faulty base. Store owners and sellers may be liable if they sell recalled fireworks.
Individual Liability
Similar to a car accident with a drunk driver, an individual may be personally responsible for fireworks accidents too. A big difference is that they likely do not have a similar insurance policy to cover this liability.
An intoxicated individual may negligently throw bottle rockets or point Roman candles at people, causing injury. In this case, the victim may be able to sue them directly for damages.
Damages You May Recover in a Personal Injury Claim
The possible damages you may recover as compensation in a fireworks accident injury claim are similar to other types of personal injury lawsuits. These include both economic and noneconomic damages, such as:
- Current cost of medical care
- Expected future medical bills, including treatment and rehabilitation
- Lost wages from time taken off work
- Diminished future earning capacity from permanent disabilities
- Funeral and burial expenses in wrongful death cases
- Physical pain and suffering
- Scarring and disfigurement from fireworks burns
- Emotional trauma and mental anguish
- Property damage
It is important to calculate total damages accurately when taking legal action. In one case, Pracht Injury Lawyers represented a premises liability client who was only offered $35,000. After shrewd negotiation, we increased this to a final settlement of over $145,000 for our client.
Steps to Take to Protect Your Legal Right to Fair Compensation
After any accident resulting in injury, whether it’s a car crash or a fireworks accident, it’s vital to take steps to safeguard your legal right to total compensation. You may be able to file a claim against negligent and careless parties for causing your injuries. You have a right to seek justice.
Seek Emergency Medical Attention
Above all else, your health and wellbeing are your top priority. Call 911 immediately to get an ambulance on the scene, or visit the nearest urgent care center so they can fully assess your injuries. Get the emergency medical treatment you need and continue with the follow-up care the medical staff recommends.
Collect Evidence and Witness Contact Information
Compelling evidence will be at the heart of your civil claim for damages. If possible, take photos and videos of the accident scene. Pay special attention to the fireworks involved in the accident, as well as any prevailing conditions that may be relevant. Get the contact information of any witnesses. Request a copy if there is a police or incident report
Hire an Experienced Personal Injury Attorney
It’s advisable to hire a personal injury attorney as soon after the accident as possible. Injury claims can be complex. You want to make sure your legal rights are protected. Pracht Injury Lawyers will guide you through every step of this process, including evidence collection, tabulating damages, and maximizing the settlement amount.
A past client called us an “amazing group of lawyers who genuinely care for their clients! Christopher and his team exceeded my expectations.”
Identify Possible Liable Parties
Together with your lawyer, you will evaluate the details of the fireworks accident and identify which parties may be liable. The circumstances of the incident may call premises liability, product liability, or individual liability—or any combination—into play. From here, your attorney can determine how viable it would be to file a claim against any of these parties.
File a Personal Injury Claim
Once you have your facts together and your lawyer has assessed your case, you may proceed with filing a personal injury claim for damage. In South Carolina, the statute of limitations for most civil actions is three years from the date of the accident.
