- In accidents
California’s sky is known for the mesmerizing display of fireworks during holidays and festive occasions. While these illuminations paint the night sky with vibrant colors and create cherished memories, the negligence of an individual, manufacturer, or distributor can swiftly turn these moments of joy into a nightmare. As a personal injury law firm in California, our fireworks injury lawyers are well-versed in the nuances of the legal system related to fireworks injuries and fireworks injury claims. Below, Law Offices of Samer Habbas & Associates PC covers firework safety, important Californian laws about fireworks, and the legal recourse for those injured by fireworks due to negligence.
Fireworks And Their Potential Dangers
Fireworks are not just simple devices; they contain explosive materials that can cause severe harm to firework injury victims if mishandled. Injuries from fireworks can include burns, lacerations, eye injuries, hearing loss, and in extreme cases, even death. Statistics from the Consumer Product Safety Commission (CPSC) show that fireworks were involved in an estimated 15,600 injuries treated in U.S. hospital emergency departments in 2020. This underscores the importance of treating these devices with care.
California Fireworks Law: Safe And Sane Fireworks
In California, the laws are strict concerning fireworks. The California Health and Safety Code Section 12500-12728, also known as the State Fireworks Law, makes it illegal to manufacture, sell, or use fireworks that are not classified as “Safe and Sane” by the State Fire Marshal. These Safe and Sane fireworks include ground and handheld sparkling devices, spinners, and fountains that don’t explode or move uncontrollably. Any firework that explodes flies in the air, or skips along the ground is considered dangerous and is illegal under California law.
Firework Safety Guidelines
Following safety guidelines can help avoid injuries from fireworks. These include adult supervision during firework usage, keeping a safe distance from lit fireworks, not relighting “duds,” and keeping water nearby in case of fire. However, even with precautions, accidents can still occur due to a firework’s inherent unpredictability or due to manufacturing defects.
Fireworks Injuries And Legal Recourse In California
Understanding Negligence In Firework Injuries
In legal terms, negligence is the inability to behave in a way that a reasonable person would have under the same circumstances. If your firework injury is due to someone else’s negligence—such as incorrect usage, lack of supervision, or illegal fireworks—the negligent party may be held liable for damages through a fireworks injury lawsuit.
Product Liability And Manufacturer’s Negligence
If a firework was defective or didn’t perform as intended, leading to an injury, you might have a product liability claim against the manufacturer or distributor. California law follows a “strict liability” doctrine for defective products, meaning the injured party doesn’t need to prove negligence but merely that the product was defective and caused injury.
Navigating Firework Injury Lawsuits In California
A personal injury lawsuit involving fireworks can be a complex process due to the intricate laws and regulations surrounding fireworks usage and sale. That’s why it’s crucial to engage a competent personal injury attorney who understands California’s legal landscape.
Compensation For Firework Injuries
Victims of firework injuries in California may be entitled to compensation for medical bills, loss of earnings, pain, and suffering, and more. The amount of compensation will depend on various factors like the severity of the injury, the degree of negligence, and the specifics of the case.
Fireworks Injury Lawyers
While fireworks can be a source of joy and celebration, their potential for harm is significant. It’s crucial to be aware of safety guidelines, understand California’s laws about fireworks, and know your rights if you or a loved one is injured due to fireworks negligence.
If you or a loved one have suffered injuries or damages in a fireworks accident in California, don’t wait to seek the justice and compensation you deserve. Contact the experienced Orange County personal injury lawyers at Law Offices of Samer Habbas & Associates PC today. Our dedicated personal injury attorneys are well-versed in handling fireworks accident claims and insurance disputes, and we are committed to fighting for your rights as we handle your fireworks injury case. Whether you’re facing medical bills, lost wages, or pain and suffering, we’re here to help. Call us now at (888) 848-5084 or contact us online to schedule a free consultation and take the first step toward securing the best possible outcome for your case.
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