Fireworks Lawsuit | Latest Updates

Complimentary Private Legal Assessment: Should you or someone close to you have suffered injuries due to fireworks, it’s imperative to get in touch with our legal team without delay. You could be eligible for financial restitution through a lawsuit, and our attorneys are here to assist.

Fireworks Injury Lawsuit Overview

Fireworks injury lawsuits typically involve claims against manufacturers, distributors, and retailers when defective products cause serious harm to consumers. The primary allegations focus on manufacturing defects, inadequate safety warnings, and failure to comply with federal safety standards.

According to the National Fire Protection Association (NFPA), U.S. hospital emergency rooms treated 11,400 people for firework-related injuries in 2013 alone. These cases often involve complex product liability claims, especially since most fireworks are manufactured outside the United States, requiring lawsuits to target local distributors, regional distributors, or importers.

Latest Fireworks Lawsuit Updates

June 26, 2019 – Pennsylvania-based Keystone Fireworks recalled 1,700 “G-Force Artillery Shell Fireworks” units for violating federal regulatory requirements. The U.S. Consumer Products Safety Commission (CPSC) issued the recall notice due to overloaded fireworks causing greater than expected explosions, increasing the risk of severe burns and other injuries, including death [1].

June 27, 2017 – American Promotional Events recalled more than 36,000 units of TNT Red, White, & Blue Smoke fireworks amid reports of premature explosions when lit. The recalled fireworks were sold at Walmart and Kroger stores in Illinois, Ohio, Vermont, and Wisconsin, according to the CPSC [2].

Agency Reports and Statistics

The NFPA fireworks report provides estimates of fires and associated losses caused by fireworks, showing that in 2013 alone, 11,400 people received emergency room treatment for firework-related injuries. The statistics reveal that 55% of those injuries were to the extremities (arms, hands and legs), while 38% were to the head.

On the 4th of July, 2 out of 5 fires are started by fireworks – more than any other single cause of fire in the United States.

Fireworks Injuries & Side Effects

Fireworks accidents can result in a wide range of serious injuries, from minor burns to life-threatening trauma requiring immediate medical attention.

• Severe Burns: Third-degree burns to hands, face, and body from direct contact or explosion
• Eye Injuries: Corneal damage, vision loss, and permanent blindness from sparks or debris
• Hand and Finger Injuries: Amputations, fractures, and permanent disability from premature explosions
• Head and Facial Trauma: Lacerations, scarring, and neurological damage from blast injuries

Do You Qualify for a Fireworks Lawsuit?

You may qualify for a fireworks lawsuit if:

• You used fireworks that were later recalled or found to be defective.
• You experienced serious injuries including burns, eye damage, or limb injuries.
• The injuries required medical treatment or hospitalization.
• You can provide medical documentation linking your injuries to the fireworks.
• The fireworks failed to include proper safety warnings or instructions.
• You followed all safety instructions but were still injured due to a product defect.

Evidence Required for a Fireworks Lawsuit

Supporting a fireworks injury claim requires comprehensive documentation including medical records detailing the extent of your injuries, witness statements from those who saw the accident occur, photographs of both the injury and the fireworks involved, and purchase receipts showing where and when you bought the product.

Documentation of any safety warnings or instructions provided with the fireworks is also crucial for establishing whether the manufacturer met their duty to warn consumers of potential dangers.

Damages You Can Recover

Victims of fireworks injuries can seek compensation for medical expenses including emergency room visits, surgeries, and ongoing rehabilitation costs.

Lost wages from time off work during recovery, pain and suffering damages for physical and emotional trauma, and in cases of gross negligence, punitive damages may also be available depending on the severity of the injury and the circumstances surrounding the incident.

Fireworks Recall Information

• The 2019 Keystone Fireworks recall involved 1,700 G-Force Artillery Shell units. The fireworks, manufactured in China, were sold at seven Pennsylvania locations (Bradford, Lancaster, Matamoras, Gettysburg, Nottingham, Greencastle and Wilkes Barre) from Nov. 2018 through May 2019 for $60.
• American Promotional Events recalled over 36,000 TNT Red, White, & Blue Smoke fireworks. The fireworks were purchased from Albertsons, Kroger, Meijer, Target, Wal-Mart and other retailers in Illinois, Ohio, Vermont and Wisconsin from May 2017 through June 2017 for about $5.

Statute of Limitations for Fireworks Lawsuits

The timeframe for filing fireworks injury lawsuits varies by state, but most personal injury claims must be filed within two to three years from the date of injury. Product liability claims may have different time limits, and some states have discovery rules that extend the deadline until the defect is discovered or should have been discovered through reasonable diligence.

FAQs

1. What Compensation Can I Seek in a Fireworks Injury Lawsuit?

You can seek compensation for medical expenses, lost wages, pain and suffering, and possibly punitive damages, depending on the severity of the injury and the circumstances surrounding the incident.

2. Can a Fireworks Injury Lawsuit Be Filed Against a Manufacturer and Retailer?

Yes, a fireworks injury lawsuit can be filed against both the manufacturer and retailer if the injury was caused by a defect, improper labeling, or failure to provide adequate safety warnings.

3. What Evidence Is Needed to Support a Fireworks Injury Claim?

Supporting a fireworks injury claim requires evidence such as medical records, witness statements, photos of the injury and fireworks, purchase receipts, and documentation of any safety warnings or instructions provided.

4. Are Most Fireworks Injuries Caused by User Error?

While user error accounts for many fireworks accidents, product defects and inadequate safety warnings also contribute significantly to injuries, making manufacturers and retailers potentially liable for damages.

5. What Makes Fireworks Dangerous?

Fireworks cause an average of nearly 18,500 reported fires per year, with sparklers accounting for more than one-quarter of emergency room injuries. Most injured body parts include hands and fingers (36%), eyes (19%), head, face and ears (19%), trunks (11%), and arms (5%).

6. Can I Sue if I Was Injured at a Public Fireworks Display?

Yes, if negligence by the display operator, defective products, or inadequate safety measures caused your injury, you may have grounds for a lawsuit against the responsible parties.

7. How Long Do I Have to File a Fireworks Injury Lawsuit?

The statute of limitations varies by state but typically ranges from two to three years from the date of injury for personal injury claims.

8. What If the Fireworks Were Manufactured Outside the US?

Even if fireworks are manufactured abroad, you can still pursue claims against local distributors, regional distributors, importers, or retailers who brought the defective products to market.

9. Do I Need to Prove the Fireworks Were Defective?

Yes, proving a manufacturing defect, design defect, or failure to warn is typically necessary for a successful product liability claim against fireworks manufacturers.

10. What Should I Do Immediately After a Fireworks Injury?

Seek immediate medical attention, preserve the fireworks and packaging if possible, take photographs of your injuries, and contact an experienced product liability attorney as soon as possible.

Get a Free Fireworks Injury Lawsuit Evaluation With Our Lawyers

The Product Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in fireworks injury lawsuits. We are handling individual litigation nationwide and currently accepting new injury cases in all 50 states.

Our legal services include:

• Free, confidential consultations to evaluate your case
• No upfront costs or fees – you pay nothing unless we win
• Experienced representation in product liability litigation
• Comprehensive case investigation and evidence gathering

Again, if you or a loved one has been injured in a fireworks accident, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.

References:

1. https://www.cpsc.gov/Recalls/2019/Keystone-Recalls-G-Force-Fireworks-Due-to-Violation-of-Federal-Standard-Explosion-and-Burn-Hazards
2. https://www.cpsc.gov/Recalls/2017/fireworks-recalled-by-american-promotional-events