The Fourth of July is one of the biggest celebrations in the United States - with thousands celebrating each year it can be a busy and exciting time. However, fireworks can be dangerous and the consumption of alcohol can increase the chance of injury significantly. So what do you do if you were injured during Fourth of July celebrations? Do you have a case? Your Denver personal injury attorney
is here to help.
- There are two questions that you need to ask yourself prior to taking any legal course of action:
- Did the accident happen on your property or someone else’s?
- Was it negligence?
If the firework accident happened on someone else’s property, you might have a case. But the next step is determining if your injuries were caused by the negligence of whoever was lighting the firework show you attended. If there is no evidence of negligence on the part of those lighting the fireworks, then you might not have a case. It’s important that when reflecting on the incident, to speak to others who were there but also consider what actions led up to your accident.
If the accident happened on your property, you may not have a case. The only way you could possibly have a case is if there was a firework malfunction as a result of a manufacturer defect. If you failed to properly follow manufacturer instructions when setting off your fireworks, you are not able to seek damages from the manufacturer. But you have to be able to prove that there was a manufacturer detect and you need to consider where the fireworks came from. Many fireworks are imported into the United States from China - meaning you would need to sue the local fireworks store that you purchased the fireworks from. While you might be able to get some damages from them, it won’t be nearly as much as you are hoping. If you are wondering if you have a case, as always, give us a call.
The second question plays into what we just talked about. You’ll need to determine whether it was negligence on part of the person setting off the fireworks, or if it was due to a product defect. To help determine this, it’s likely you will need the help of a personal injury attorney, as well as some help from anyone else in attendance. You’ll need to determine if all firework instructions were followed and safety precautions were taken into consideration. If the answer to this question is yes, then you might have a defective product on your hands - in which case you might need to speak with a product liability lawyer.
If the firework’s instructions were not properly followed, and safety precautions were not followed, then you might have a cause for negligence. If your neighbor/friend who hosted the fireworks show simply didn’t attempt to keep everyone safe, talk to your lawyer. We are here to help you determine your next steps and if you have a lawsuit.
Preventing Firework Injuries in the Future
There are several things you can do in the future to avoid injuries related to fireworks. While you might not be able to completely prevent injuries, you can do the following to lessen your chances:
- Follow the directions on the fireworks’ package
- Do not create homemade fireworks, and do not set them off
- Do not allow children to set off, or handle, fireworks
- Only set fireworks off in an outdoor location and away from things that might catch fire easily
- Prepare for emergencies - keep buckets of water nearby and first aid supplies at the ready
If you’ve experienced property damage as a result of your neighbors setting off fireworks, we recommend starting with evaluating the damage and then speaking with your neighbor. If you feel that the damage is severe enough that it needs to be fixed (IE: a damaged roof versus singed flower beds), talk to your neighbor about their insurance information. Our first recommendation is that you attempt to settle any issues with insurance first - it’ll give you far less headaches.
It might also be possible for you to file a lawsuit for property damage, but we highly recommend speaking with a property attorney first. Disputes with neighbors can get ugly, and it’s important to carefully evaluate your decision to sue prior to filing the lawsuit and notifying your neighbors.
Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement for each individual case. He will begin the investigation process immediately, ensuring you receive the best representation possible. If you are in the Denver metro area and require legal help or assistance, contact him at 303-321-4878 to discuss your legal options during a free consultation.