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Lakeland & Winter Haven Personal Injury Attorney > Blog > Catastrophic Injury > What to Do if You Were Injured Due to a Defective Firework in Florida?

What to Do if You Were Injured Due to a Defective Firework in Florida?

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Every Fourth of July, fireworks light up the sky across the entire country. While fireworks are incredibly fascinating to watch, they can also cause serious injuries and deaths.

While a large percentage of firework injuries occur as a result of improper use, many are caused by defective fireworks. Unfortunately, many fireworks sold in the United States have manufacturing or design defects, and/or lack adequate warning.

If you sustained a catastrophic injury due to a defective firework, you might be able to sue the manufacturer to obtain compensation for your damages and losses. A knowledgeable attorney can review your case and determine whether your injury was caused by negligence on the part of the firework manufacturer or another party.

Firework Injuries on the Fourth of July

In 2018, an estimated 9,100 injuries occurred due to fireworks in the United States. Of those, over 5,600 – more than 60% – took place between June 22 and July 22. Many of these injuries were caused by the fault of firework manufacturers.

The most common injuries related to the use of fireworks are:

  • Burns
  • Eye injuries
  • Amputations
  • Traumatic brain injuries

Injuries Caused by Defective Fireworks

Luckily, you can pursue a product liability claim if your injury was caused by a defective firework in Orange County, Polk County, Hillsborough County, or elsewhere in Florida. Common defects associated with the use of fireworks are:

  • Premature detonation that causes the firework to discharge before the user had the chance to stand a safe distance away from the launch zone;
  • Overcharged fireworks, resulting in greater than expected explosions; and
  • Fireworks that discharge in the wrong direction.

As long as you have followed all of the instructions provided by the firework manufacturer, your conduct was not negligent or careless, and you were not intoxicated at the time of using the fireworks (in many cases, people launch fireworks in the state of impairment), you may be able to sue the manufacturer for product liability.

Florida law recognizes three types of product liability lawsuits:

  1. Manufacturing defects. When a firework does not work as designed due to a manufacturing defect, you can sue the manufacturer and other parties in the chain of distribution.
  2. Design defect. You could sue the designer of the firework if the product was designed in a way that poses an unreasonable risk of injury.
  3. Warning defect, also known as a marketing defect. Even if a firework was properly designed and manufactured but did not contain adequate instructions and warnings, you could be eligible to file a product liability lawsuit to recover damages.

Why You Need a Lakeland Personal Injury Attorney

If you are a bystander who was injured during the discharge of fireworks by another person, you can sue the person who used the product. People who use fireworks have a duty of care to all those around them to avoid causing harm. If the user breaches that duty, you can sue them to recover damages.

Typically, firework manufacturers have all kinds of defenses to fend off product liability claims. That is why you should consult with a knowledgeable Lakeland catastrophic injury attorney to investigate your particular firework injury, collect evidence proving the manufacturer’s fault, and obtain maximum compensation. Contact our lawyers at The Turnbull Firm to schedule a case evaluation. Call at 863-324-3500 today.

Resource:

psc.gov/s3fs-public/Fireworks_Report_2018.pdf

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