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Hakiminjurylaw: A Complete Guide to Fireworks Accidents and Legal Fault in California!

A Complete Guide to Fireworks Accidents and Legal Fault in California!

December 29, 2023

Severe burns, usually to the fingers, hands, ears, face, and/or head, account for about a third of fireworks injuries in the United States. Burned fingers and hands are often debilitating. These injuries are very difficult to treat. Other burns usually require extensive and expensive treatment at specialty regional hospitals. 

Furthermore, on top of everything else, the average burn-related hospital stay is much longer than other injury-related hospital stays.

These serious injuries usually lead to sky-high medical bills, as well as future damages, such as lost earning ability and ugly facial scars. A Los Angeles Firework Accident Lawyer works to ensure that victims get the compensation they need and deserve and, more importantly, that the party responsible for the accident pays this compensation. You break it, you buy it.

Understanding Negligence in Fireworks Accidents in California

Fireworks are extremely hazardous and must be handled with great care. Unfortunately, many fireworks operators are more concerned about putting on a good show that preserving individual safety. 

Fireworks show operators, whether they’re producing huge New Years Eve shows for millions of people or handing someone a sparkler in a backyard, are responsible for damages if they were negligent. An ordinary negligence case in California has four basic elements:

  • Duty: Most people have a duty of reasonable care, a concept that’s based on the story of the Good Samaritan. Just like this man went out of his way to help an injured traveler, individuals must go out of their way to avoid injuring others. Accidental injuries are usually unintentional (not malicious), but as stated, you break it, you buy it.
  • Breach: A breach of duty is a lack of care. Usually, a Los Angeles personal injury lawyer partners with an industry insider, who establishes the standard of care, in terms of things like safe use, handling, and storage practices. Compensation is available if the operator’s conduct was below the standard of care.
  • Cause: This third element is really two elements. A victim/plaintiff must establish factual cause, which is basically a substantial cause in California. Other factors might contribute to a fireworks accident, but a lack of care must substantially cause it. Legal cause is foreseeability (possibility) of injury. Since fireworks are so hazardous, injury is always possible, although injury is always unlikely.
  • Damages: The damages in a personal injury case include compensation for past and future losses. Lost earning ability and probable future medical expenses are difficult to pin down. If a Los Angeles personal injury lawyer settles a case too early and the settlement doesn’t properly account for such expenses, the victim is financially responsible for them.

The comparative fault might be the most common legal defense in fireworks injury claims. This legal doctrine essentially shifts the blame for an accident from the tortfeasor (negligent actor) to the victim.

Defective Product

Sometimes, a design or manufacturing defect causes injury. Most companies design most fireworks to be explosive and loud, but not to be safe. Manufacturing defects are common as well. To save money, lots of companies use cheap, imported parts.

Usually, manufacturers are strictly liable for such damages. A victim/plaintiff must only prove cause, as outlined above.

Fireworks manufacturers typically have deep pockets, so substantial compensation is available if they’re responsible for injury.  However, these cases are also very complex and difficult to resolve. Deep-pocketed defendants usually spend huge sums on legal defenses. Additionally, the responsible entity is usually an out-of-state or offshore holding corporation.

Landowner Negligence

Property owners have a legal duty to create safe environments, for people who enjoy fireworks displays and for people who pull the trigger. 

As mentioned, landowners must go out of their way to prevent injuries. To determine how far they must go, California courts consider a number of factors, such as:

  • Owner’s relationship with the victim (invited or uninvited guest),
  • Likelihood of serious injury,
  • Owner’s knowledge of the hazard, and
  • Cost-effectiveness of injury prevention measures.

Most landowner negligence claims, like most other personal injury claims, settle out of court. Generally, a court-appointed mediator gently or not-so-gently encourages the parties to reach a compromise solution. 

Contact Our Firework Injury Lawyers for More Help!

If you ever need a free consultation with California Firework Accident and Injury Lawyers, contact Attorney Sharona Hakim at the Law Offices of Eslamboly Hakim. We do not charge upfront legal fees in personal injury matters

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