Each year in the U.S., fireworks cause more than 15,000 fires resulting in dozens of civilian injuries and millions in property damage, according to the U.S. Consumer Products Safety Commission (CPSC).
Free Confidential Lawsuit Evaluation: If you or a loved one has been injured in a fireworks accident, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
Update: TNT Fireworks Recalled for Exploding Prematurely
July 11, 2017 – American Promotional Events is recalling more than 36,000 units of TNT Red, White, & Blue Smoke fireworks amid reports that some of the devices exploded when lit. The recalled fireworks were sold at Walmart and Kroger stores in Illinois, Ohio, Vermont, and Wisconsin, according to the CPSC.
How Do Firework Injuries Occur?
Most cases of firework injury are caused by negligence on the part of the user. An innocent bystander or person watching the fireworks can easily be injured if the person lighting the fireworks is acting negligently.
How Many People Get Injured on the 4th of July?
According to the CPSC, there are an average of 230 fireworks-related injuries in the U.S. near and on the 4th of July. Most of these injuries are burns, primarily to the hands, fingers, head, face, eyes and ears. Some fireworks incidents turn deadly. In 2014, nine people died from eight different fireworks related accidents, including two who were not the lighters.
Fireworks Safety Tips
Fireworks can be used safely by following these simple tips:
- Always be safe. If you want to see fireworks, your best bet is to go to a public
show put on by experts.
- Do not use consumer fireworks.
- Keep a close eye on children at events where fireworks are used.
Proving Personal Injury Lawsuits
If negligence is the alleged cause of your fireworks injury, you will have to prove the following:
- The individual who lit the fireworks had a duty to act responsibly – such as following safety procedures while handling fireworks.
- The individual breached that duty.
- Someone was injured.
- That you were injured due to negligence.
Product Liability Claims
In cases where negligence was not the cause of the fireworks injury, the product itself may be defective. In these cases, the firework manufacturer may be held liable for any injuries caused by their fireworks. Product liability claims must prove that the manufacturer knowingly sold a defective firework or acted carelessly when they designed the product.
About Class Action Lawsuits
Although we are a nationally recognized class action firm, the Products Liability Litigation Group at our law firm has decided against the filing of a fireworks injury class action suit and is currently filing individual claims on behalf of injured individuals and/or their family members that have been injured in a fireworks accident.
A class action is a type of lawsuit filed with the court on behalf of large group of people or “class” of individuals that have been injured or wronged. The class is represented by the law firm and the case is generally decided upon a single member of the class who is sometimes referred to as the “class representative or class rep.”
Why Our Law Firm Is Filing Individual Lawsuits Opposed To a Class Action
In some instances, a class action may offer some advantages, as they aggregate a large number of individualized claims into one representational lawsuit. The aggregation can increase the efficiency of the legal process, lower the costs of litigation and in some cases offer the solution to a common problem wherein small recoveries do not provide the incentive for any individual or law firm to file an individual lawsuit.
However, a class action suit can also be a detriment to many class members, as they are often forced into a blanket “low ball settlement” and higher attorney fees. At Schmidt & Clark, LLP we understand that our clients are suffering emotionally and economically due to loss of wages and/or high medical bills and we plan to maximize each client’s recovery by filing individual fireworks lawsuits on their behalf.
Do I Have a Fireworks Injury Class Action Lawsuit?
The Class Action Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in fireworks injury lawsuits. We are handling individual litigation nationwide and currently accepting new injury cases in all 50 states.
Free Case Evaluation: Again, if you have been injured in a fireworks accident, you should contact our law firm immediately. You may be entitled to compensation by filing a fireworks injury class action suit and our lawyers can help.