Firework Accident Injuries And Premises Liability
Some people like to watch fireworks from an indoor location, where the noise is not as loud and there is no chance of getting hit by falling sparks. Others thrive on hearing the fireworks whistle and boom at close range, and then there was that one guy who set up rows of plastic green soldier figurines all over his driveway, interspersed with fireworks, and set them off in what amounted to an auto-destructive military parade, leaving the driveway covered in melted green plastic, much to the amusement of everyone in the neighborhood. Most of the time, it is safe to light fireworks at home. Even when you use reasonable caution, though, accidental injuries can happen. You are also at risk of injury if someone handles fireworks carelessly while you are nearby. A Columbia premises liability lawyer can help you if you got injured in an accident involving fireworks.
Where Did the Accident Take Place?
Where the accident took place makes a big difference regarding the laws that apply to it. Premises liability laws require businesses to protect their customers from preventable injuries. Therefore, if a worker at a firework show on the pool deck at a hotel made a mistake, causing a firework to shoot toward the audience and injure a guest, the guest would have a premises liability claim against the hotel. Private homeowners also have a duty to maintain safe premises when inviting guests to their residences, but the legal protections for guests at private residences are not as strong as the legal protections for customers of businesses. If you got injured by a firework at a party at a friend’s house, you may have a premises liability claim against the party host.
South Carolina’s recreational use statute protects some landowners from premises liability claims. It states that, if people habitually use the land for recreational activities without paying admission, then the landowner is not liable for injuries that occur in the course of those recreational activities. Therefore, if people are lighting fireworks in the park, and you get injured, premises liability laws do not protect you.
Was There a Problem With the Manufacture of the Firework Itself?
If the injury was the result of a defect in the firework, then product liability laws could apply. For example, the firework might explode spontaneously or tip over and fall onto you when it is supposed to balance on its base. In this case, you might have a product liability claim against the manufacturer of the defective firework. Product liability laws also apply to people injured by defective car parts, furniture, and toys, as well as pharmaceutical drugs where the manufacturers should reasonably have known about the risk of adverse events but did not disclose these risks.
Let Us Help You Today
The personal injury lawyers at the Stanley Law Group can help you get enough money to cover your accident-related medical bills if you were injured in a firework accident. Contact The Stanley Law Group in Columbia, South Carolina or call (803)799-4700 for a free initial consultation.
Source:
americaninsuranceid.com/faq/risk-management/safety/fireworks-what-if-something-goes-wrong