Florida Firework Displays May Lead to Personal Injury Lawsuits
Fireworks are not all fun and games. They can result in severe injuries and in turn, pursuing a personal injury claim.
Independence Day is celebrated in recognition of the Declaration of Independence being approved by the Continental Congress in 1776, setting the 13 colonies on the road to freedom and liberty. The day is celebrated by parades, fireworks and barbecues across the country.
Fireworks have become an iconic symbol in the commemoration of our independence on the 4th of July, and they play a major role in American’s celebration of this day. Seeing fireworks shoot off in the sky brings fond moments, as bright lights flash in a glittery display for all to see.
But, if not used with safety and caution, fireworks can cause harmful situations, resulting in serious damages.
In Florida, it is illegal to buy, sell, or explode consumer fireworks. You can do so, however, if you have a city permit. Be aware that if you are shooting off fireworks without a warrant, you are breaking the law, which may result in unnecessary fines and a possible police investigation. If law enforcement decides to crack down and you’re caught buying or shooting off illegal fireworks, it is a first-degree misdemeanor.
Fireworks may be banned in certain locations to prevent property damages. For example, if there has been a recent drought, fireworks may be banned in nearby fields to prevent the cause or spread of wildfires.
Fireworks not only have damaging effects on property, but also heighten the risk for injury; this is especially true under the influence of alcohol. Firework personal injury claims are especially high in the month of July. Florida fireworks are not only illegal but may result in severe hand, body, arm and/or leg injuries, or even worse, it can result in death.
As a personal injury law firm, it is important to understand the risks associated with the use of fireworks, and to be aware that they are explosives and should be handled with extreme caution.
Take safety measures this holiday season and be mindful of your surroundings. If you have been injured due to a recent firework accident, please contact a Tampa personal injury attorney today to represent you and assist you with your damages.
Ned
10:13 am on Wednesday, August 22, 2012
I heard a lot about these cases over the 4th of July. Several occurred up here in Boston and around the Middleboro, MA area. Im curious who would be liable for personal injury claims if they were to go to court? http://www.leojdunnlaw.com/middleboro-ma-personal-injury-lawyer/
Dana Blickensderfer
6:50 pm on Wednesday, August 22, 2012
Most of the fireworks sold in Florida are illegal… Consumers are usually unaware that the only fireworks that are allowed for personal use without obtaining a special county permit are those classified as “sparklers”. This category of “Sparklers” includes a very limited amount of incendiary items.
Legally, the fireworks merchants have their customers sign liability waivers explaining that the fireworks are illegal for personal use, the costumer attests that he is aware of the illegality of the purchase, and signs that he will be using the fireworks for a legal purpose. The legal purpose for use of these consumer fireworks only includes the following:
(A) you have a city permit to shoot off fireworks for the public to enjoy;
(B) you will use the explosives to scare off birds from a farm or fish hatchery; or
(C) you work on a railroad and need to light or clear a path for your train.
These reasons are rarely examined by the purchasers, and most times the customer makes the purchase unaware of the consequences of their illegal use. The reason that persons continue to make the fireworks purchases is because they are unaware, and the law is rarely enforced.
Dana Blickensderfer
6:51 pm on Wednesday, August 22, 2012
On 4th of July, tons of people set off fireworks in public, in violation of the law. When injuries occur as a result of the use, the standard for establishing a prima facie case for negligence is evaluated to determine whether or not that person is liable. Because the use of the fireworks is in violation of the law, and the people injured generally fall within the category of persons the law is intended to protect, these cases are considered negligence per se. This means that the injured party only needs to show that they were injured, and the alleged perpetrator was both the legal and proximate cause of the injury. Factors such as assumption of the risk or comparative fault will be utilized as a defense in Florida to mitigate the potential recovery of damages of the victim by the percentage of fault attributed to their own actions.