Fireworks can make for exciting spectacles during the Fourth of July and other occasions. Unfortunately, they can also be extremely dangerous if used or constructed improperly. The injuries that result from accidents involving commercial explosives can have consequences that persist long after the smoke clears.
Pursuing civil litigation for injuries caused by firework discharges can be challenging in any circumstances, but it may be especially difficult to achieve a positive resolution without representation from a qualified Anaheim firework accident lawyer. A personal injury attorney who has successfully handled cases of this nature in the past could be the steadfast ally you need to effectively prove liability for your losses.
Depending on what led to a firework accident, different parties might be found liable. For instance, firework injuries that occur because of reckless or careless misuse of commercial explosives by a private citizen may create civil liability for the negligent user.
Alternatively, injuries that occur during poorly operated public events may instead be attributed to the negligence of the premises owner or manager. In the same vein, injuries caused by defects in fireworks may give rise to a product liability lawsuit against a negligent manufacturer.
California courts follow standard civil procedure when assigning liability to defendant and injured plaintiffs. A claimant harmed by a firework may be found partially liable for their role in causing or worsening their own injuries. Plaintiffs who are deemed partially responsible for the firework accident that led to their personal injuries will see their compensatory award reduced by their assigned percentage of fault.
California Code of Civil Procedure §335.1 generally gives prospective plaintiffs only two years from the date of a firework accident to file a civil claim. If the person injured by a commercial explosive was a child, the statute of limitations is extended until two years after that individual’s 18th birthday. Assistance from a seasoned lawyer could be crucial to meeting the statutory deadline for firework injury cases, and proper representation could make a substantial difference in an individual’s ability to recover available losses.
Firework-related burns to the hands, head, face, eyes, and lower limbs occur with unfortunate regularity. Other substantial injuries like lacerations, soft tissue damage, bone fractures, and even the total loss of fingers and limbs are also common in accidents involving commercial explosives.
An individual who was injured due to a firework mishap must successfully prove that someone else is at fault for the accident if they hope to receive financial restitution. Fortunately, a well-versed lawyer in the Anaheim area could collect evidence of fault for a firework injury and help someone recover the following types of damages:
Even when manufactured safely and used in an appropriate way, fireworks can still present a substantial risk of injury to the people using them and those nearby. Fortunately, legal help is available if you recently suffered an injury because someone else failed to act responsibly while using a firework.
A capable Anaheim firework accident lawyer could explain your recovery options and offer guidance about appropriate next steps during a private consultation. Call today to schedule yours.
Benji Personal Injury – Accident Attorneys, A.P.C.