When a child has been injured or killed in a fireworks accident, it may be possible to file a personal injury claim. This would depend on the circumstances surrounding the incident, such as someone acting in a careless or reckless manner. Or, a product liability claim might be filed if there was a manufacturing defect.
Liability in a Fireworks Accident
Keep in mind that a large number of fireworks accidents don’t cause serious harm to a child. However, if the injuries are severe (such as damage to the eye causing vision problems), disfiguring (such as second or third degree burns), or cause death, then a parent might want to strongly consider seeking compensation.
One potential scenario in which another person could be liable for injuries in a fireworks accident is if he or she was responsible for supervising the child, such as a babysitter, camp counselor, neighbor or another adult.
When there is a failure to properly supervise and a child becomes injured, this could warrant the filing of a claim. Or, if the adult acted negligently and the child suffered physical harm, this may entitle the parent to be compensated.
Another circumstance in which liability could come into play is if the fireworks had a manufacturing defect. Proving a defect can sometimes be challenging because it would need to be shown that the product wasn’t misused and/or something was wrong in the design or making of the product. Examples could include fireworks going off prematurely, flaws in the material, incorrect mixing of ingredients, or the fuse burning too fast.
When a fireworks accident injures a child, it can cause serious bodily harm. The most common injuries are burns, which are extremely painful and could require months of treatment. Compensation could be available for the medical costs and other damages, such as pain and suffering and emotional distress.