To many of us, no summer is complete without fireworks. Whether you’re gathering with friends or heading out to enjoy a public fireworks display, fireworks are a great way to enjoy the summer and celebrate the Fourth of July. But even if you’re careful, you might find yourself the victim of a fireworks accident.
If you’re hurt by fireworks in Las Vegas or anywhere in Nevada, you might wonder what your options are and if you will need to work with a personal injury lawyer. You might wonder if there’s any way to receive compensation for a fireworks accident. The answer might be yes. Here’s what you need to know about fireworks injury claims, damages, and statistics in Nevada.
How Common Are Fireworks Injuries?
According to the Consumer Product Safety Commission, more than 12,900 people get hurt each year by fireworks. Sparklers are the most significant cause of fireworks injuries. They account for approximately 28 percent of fireworks-related injuries.
It’s important to keep in mind that most of the time, the fireworks that cause injuries are legal. Illegal fireworks account for only 16 percent of fireworks accidents. Bottle rockets cause a relatively small percentage of fireworks injuries with only three percent of fireworks injuries caused by bottle rockets.
In addition to personal injuries, the National Fire Protection Association reports that 15,600 fires occur in the United States each year because of fireworks. 28 percent of those fires happen on the Fourth of July. Half of the fires reported on July 4 occur because of fireworks. Also, children are at high risk for fireworks injuries with approximately one-third of fireworks injuries impacting children under 15 years old.
What’s the Standard for a Legal Claim Because of a Fireworks Injury?
If you’re hurt because of a fireworks injury, you may be able to bring a legal claim against the person responsible for your injuries. If a person operating fireworks is negligent or reckless with their actions and you’re hurt as a result, you may be able to bring a legal claim for compensation.
You may be able to recover for your medical bills, lost wages from time off work, physical suffering, and emotional anguish. Nevada law allows victims full compensation under the legal theories of negligence if you’re the victim of a fireworks personal injury accident.
People Who Use Fireworks Have a High Duty of Care
Because fireworks are dangerous, the people who use them have a high duty to be careful. Just like a person has an obligation to act with caution when they use heavy machinery or operate a motor vehicle, fireworks users have a high duty to be careful because everyone knows that fireworks are dangerous. A person’s duty of care is relative to the situation.
When a fireworks accident occurs, the law looks at the situation based on what a reasonable person should have done in the same circumstances. If a reasonable person would have acted differently because fireworks are known to be dangerous, the person who acted negligently may owe the victims compensation for their injuries. A person who chooses to handle fireworks should be aware of their dangers and act reasonably and carefully to avoid an injury. When they’re not careful enough, it opens the door to legal liability for their actions.
Your Case May Be Against a Person or a Public Agency
If you’re hurt by fireworks, a private individual or a public agency may be to blame. If you’re at home, you may be hurt by a neighbor or even someone else at a party. If you head out to enjoy a public fireworks display, the government agency that’s responsible for putting on the show may be negligent. For example, the public body might be negligent when they choose fireworks to display, when they load or discharge the fireworks, or if they allow the public to sit too close to the launching area. They may even be responsible if they don’t have sufficient first responders ready to step in if there’s a problem.
If your case is against a public agency like a city, there are some special considerations to be aware of. Your claim may be limited to $100,000. You may also need to provide notice of your claim before you formally file in court. Your attorney can help you understand the unique considerations if your claim is against a government agency.
Your Claim May Be a Products Liability Claim
You might bring your claim on the grounds that the fireworks manufacturer made an error when they made the fireworks. This type of claim is also known as products liability. If your claim is based on faulty manufacturing, you don’t have to prove how the manufacturer erred.
Instead, you just have to prove that you’re the victim of a defective product. If the fireworks are imported, there may be special considerations when you’re determining the best course of action.
Your Claim May Be for Property Damage
Even if you’re not physically injured, you may be able to bring a claim for property damages. A stray firework can cause a fire that devastates your home or business. If you have property damages because of fireworks, the person responsible may be liable to pay your losses. You will want to work with an experienced personal injury lawyer to determine the exact nature and value of your damages.
Other Accidents at Public Firework Displays
In addition to a claim because of a fireworks injury, you may be able to bring a claim for other types of injuries that occur at a public fireworks display.
For example, if you’re hurt because of jostling crowds, the government body that puts on the fireworks show may be liable for allowing too many people in the area to watch the fireworks. If you’re hurt, a lawyer can help you determine where liability might attach and what your options are for a fair recovery.
Working With an Injury Lawyer After a Fireworks Accident
Are you or a loved one hurt because of fireworks? Working with a skilled attorney is the best way to bring a personal injury claim for the accident. They can help build your claim in a way that shows negligence or other legal elements.
Working with an expert is the best way to successfully recover the compensation you need to get back to your life.
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