Can You File A Lawsuit Related To Fireworks Injuries In Florida?
Yes. If you’ve been injured by fireworks, you may be entitled to compensation. There are, essentially, two types of claims that arise from fireworks injuries: Product liability and premises liability. These claims depend entirely on how the injury occurred.
Those injured after setting off fireworks themselves may have been injured because the fireworks were defective in some way. If the injury occurred as a result of your own negligence, it may be difficult to file a personal injury lawsuit against a fireworks manufacturer. However, if the injury arose because the fireworks were somehow defective, then you can file a lawsuit claiming that the product was defective (product liability) and hold the manufacturer accountable. To file such a claim, you must be able to prove that the fireworks were defective, and you were using them in a reasonably predictable manner (the way in which they were intended to be used).
Fireworks and product liability claims
Fireworks can malfunction due to manufacturing issues. When an injury is caused by a manufacturing error, both the manufacturer and the vendor can be held liable under our state’s rules. However, because the vast majority of fireworks are manufactured overseas, it can be difficult to hold the company accountable in court. Your attorney has to do extra work to file a lawsuit against an overseas company, but in some cases, you can hold the importer liable for your injuries.
Generally speaking, most people know that fireworks can be dangerous. Because of this, there is an implicit risk that an individual takes when they use fireworks. This means that an individual who is injured due to their own negligence would have a hard time convincing a jury that the fireworks manufacturer is responsible for their injuries. Again, you have to prove that the fireworks were defective.
Fireworks and premises liability claims
People enjoy fireworks at all sorts of venues. The venue is responsible for ensuring the safety of its guests. In cases where someone is hurt due to a venue’s negligent fireworks display, you can sue the vendor under the theory of premises liability. Companies often put on fireworks displays, but more frequently, individuals are injured when amateurs attempt to put on fireworks displays of their own. In either case, the host owes you a duty of care. This means they have a responsibility to ensure your safety. But you have to be able to establish that the host was negligent.
Talk to a Defective Fireworks Attorney Today
Halpern, Santos & Pinkert represent the interests of individuals who were injured due to a negligent fireworks display or defective fireworks. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin the task of proving that the fireworks themselves were defective and you were using them in a manner that could be readily anticipated by the manufacturer, vendor, or importer.
