Firework Injuries in Fort Worth During the 4th of July

Few activities are more enjoyable than watching a fireworks display on the 4th of July. Indeed, this traditional American activity is so enjoyable that we forget that fireworks are actually bombs. It’s when we forget what we’re dealing with that accidents are most likely. 

The U.S. Consumer Product Safety Commission reported that in 2022, over 10,000 fireworks-related injuries required hospitalization somewhere in the United States. 

Safety Tips

Here are a few basic safety tips for enjoying fireworks without injury:

  • Don’t buy ‘bootleg’ fireworks: Homemade fireworks are dangerous and unpredictable.
  • Designate a sober adult to handle fireworks: Never use fireworks while you are intoxicated. 
  • Light fireworks one at a time in a clear, open area. Don’t light multiple fireworks at once, and don’t light them near gasoline or other flammable materials.
  • Keep a water supply, such as a hose, nearby: You never know when you might need it.
  • Never relight a “dud” firework: Douse it with water, wait a few minutes, and then discard it.

Observing these safety tips cannot guarantee you will escape the holidays unscathed, but it will improve your odds. 

Negligence Claims

A negligence claim is what you would assert if someone injured you by carelessly handling fireworks. To win a negligence claim, you must prove the following facts:

  • The “defendant” (the person whose actions injured you) owed you a duty of care. This is fairly straightforward in most cases.
  • The defendant failed to meet the demands of their duty of care. In personal injury law, this kind of carelessness equals negligence.
  • You suffered harm–your physical, financial, and emotional losses from the firework injury.
  • The defendant’s negligence caused the harm you suffered.
  • The harm you suffered was foreseeable (proximate cause).

Most negligence claims end at the settlement table, not in court.

Intentional Tort Claims

Someone might have injured you with a firework in an ill-conceived prank. They might have tossed a lit firecracker at you, for example. 

Even if they did not intend to hurt you, the mere fact that they intentionally tossed a firecracker at you is enough to justify an intentional tort claim. An intentional tort claim might even justify punitive damages.

Vicarious Liability Claims

Suppose you’re watching a public fireworks show, and an employee of the organization putting on the show carelessly starts a fire that seriously injures you. In this circumstance, you may be able to file a lawsuit against the organization itself. This is called vicarious liability.

Another possible source of a vicarious liability claim is a claim against a parent for carelessly supervising the use of fireworks by their child.

Product Liability Claims

Product liability law is the law that imposes legal liability on the manufacturers and distributors of defective, unreasonably dangerous products. You must prove that the fireworks were subject to a design defect, a manufacturing defect, or a labeling defect (failure to warn)and that the defect injured you. 

The good news is that you can file a claim against any party in the product’s chain of distribution, from the manufacturer to your local distributor. You can file a claim against the distributor, for example, for a manufacturing defect in the fireworks, even if the distributor did not manufacture the fireworks. It will then be up to the distributor to seek compensation from the manufacturer. 

A Personal Injury Lawyer Can Help

A personal injury lawyer can help you in many ways, from advising you against common claim–damaging mistakes to negotiating a settlement and drafting a settlement agreement. Since almost all Texas personal injury lawyers work on a contingency fee basis, there should be no upfront legal fees and no attorney’s fees at all unless you receive compensation. 

Contact the Personal Injury Law Firm of Parker Law Firm Injury Lawyers in Bedford for Help Today

For more information, please contact an experienced personal injury lawyer at Parker Law Firm Injury Lawyers to schedule a free initial consultation today. We have convenient locations in Fort Worth and Bedford, Texas.

Parker Law Firm Injury Lawyers – Fort Worth
209 N Hampton St,
Fort Worth, TX 76102

(817) 839-3143

Parker Law Firm Injury Lawyers – Bedford
2317 Plaza Pkwy #100,
Bedford, TX 76021

(817) 503-9200