Lever & Ecker, PLLC April 5, 2023 Personal injury
New York firework-related injuries seriously threaten residents and the environment. The U.S. Consumer Product Safety Commission (CPSC) reports over 115,600 firework-related injuries occurred nationwide in 2020 that required emergency department treatment. To combat firework-related accidents, New York legislation limits the types of pyrotechnics individuals may purchase and use. Firecrackers, Roman candles, bottle rockets, spinners, and other aerial devices are illegal in New York State.
If you suffer severe burns or other injuries due to someone’s carelessness with fireworks, you may be able to hold them accountable for their actions. Toward that end, you should seek legal representation to pursue this claim.
New York requires a Pyrotechnician Certificate of Competence for firework displays, for very good reason given how dangerous fireworks can be in the wrong hands. If a show occurs without proper authorization and results in injuries, the organization or individual will likely be held responsible for those injuries. There are numerous parties that may be held liable for your damages in a fireworks-related accident. Not only can an individual’s carelessness cause severe injuries, but so can an organization’s lack of care. Consider these common parties responsible for firework-related injuries in New York:
Whether a homeowner uses illegal fireworks, or permits another individual to use them, they may be liable for injuries resulting from this negligent or reckless behavior. Dangerous fires and burn injuries are a significant danger when using fireworks, and it is a property owner’s responsibility to provide for the safety of those on and near their property. If a neighbor’s illegal fireworks usage causes injury to you or your property, speak with a lawyer about your rights and remedies.
If you are injured at a legal fireworks event from a malfunctioning product, you may be able to hold the firework manufacturer liable for your damages. Fireworks are precise and intricate combinations of chemicals used to create a spectacular explosion of colors in the sky. They must be carefully constructed and produced to avoid premature explosions and other issues. If the fireworks go off earlier than they are supposed to, or otherwise malfunction, they may cause severe damage, thus warranting liability against the manufacturer.
Operators of large firework displays for venues and cities must take the necessary precautions when handling the fireworks and equipment. For example, if the display is not an appropriate distance from the public or is not directed correctly, the fireworks can cause a dangerous accident. Lack of quality control, inadequate preparations for poor weather, and launching in an undesignated area are all examples of how an operator’s carelessness can result in serious harm.
When a city or town hires a pyrotechnics company or fireworks operator to create a fireworks display, their poor choice of venue and crowd control may also play a role in any damage. For example, if they fail to properly vet those they hire, including as to a history of previous accidents, and the firework operator causes an accident, they may bear some fault for injuries sustained.
Firework accidents are not as uncommon as we might believe. While fireworks can create a wonderful experience for many, they still pose a significant threat if not handled properly. Speak with a lawyer if you suffer injuries and property damage in a fireworks accident and how you can recover your losses.
The injuries and property damage from a fireworks accident may place heavy burdens on you and your family. When someone else is responsible for your losses, you have every right to take legal action and recover the compensation you deserve. Our award-winning Lever & Ecker, PLLC, personal injury lawyers have over 65 years of combined experience protecting our clients and their rights. Recognized throughout our community and by our peers as knowledgeable and responsive legal professionals, you can count on our firm to navigate the complexities of your injury claim. We are always prepared to take your case to trial if necessary.