Who is Responsible for Injuries Caused by Fireworks On the 4th of July?

Fourth of July is one of the days when Americans come together to celebrate the country’s Independence Day over hamburgers and hot dogs with a side of fireworks. But sadly, thousands of people get injured every year during the 4th of July fireworks, with many ending the night in hospital emergency rooms. Wondering who is responsible for paying for their treatments and other damages they may incur due to firework injuries? Let’s find out!

Determining Liability in Fourth of July Fireworks Injuries in Nevada

The legal framework for every 4th of July fireworks injury case can differ depending on the circumstances. However, the key factors taken into account during the investigation of fireworks injury cases in Nevada include:

● The Cause

Fireworks injuries can happen in a variety of ways. Therefore, determining the cause or source of injury is vital to determining who was at fault in a particular incident. Was it because the injured person held the light-up fireworks in their hands for longer than they should, despite knowing the dangers it involved? Or was it due to a manufacturing defect, causing the fireworks to blow out too quickly or dangerously?

In cases where the injury is due to the gross negligence of the user, they are responsible for it themselves. However, if it was due to a problem with the manufacturing of the firework, the injured might be able to file a lawsuit against the company.

● Comparative Negligence

Nevada is a state that uses the modified comparative negligence rule to settle fireworks injury claims. According to state law, the victim or plaintiff is able to recover a percentage of their damages as long as one or more of the defendants were at least 50% responsible for the injury or accident. However, the liability of the defendant can be reduced in cases where the victim is also found responsible. For example, in cases where the victim used the fireworks despite knowing that they were faulty or posed a risk of injury, the liability of the the defendant(s) will be less than in personal injury lawsuits where the victim used safety-rated fireworks.

Parties That Can Be Held Responsible for 4th of July Fireworks Injuries in Nevada

As mentioned earlier, different people or entities can be held liable in fireworks injury cases depending on the scenario. These may include:

  • The victim itself – when their negligence is proven
  • The seller or manufacturer – when the incident is caused due to a defective product
  • The organizer – when it’s proven that they knowingly purchased unsafe products, didn’t take the required precautionary/safety measures while carrying out the fireworks, and/or didn’t have an emergency response mechanism in place to deal with such issues. In Nevada, the organizer can also be held liable for fireworks injuries if they didn’t follow the Safe-N-Sane guidelines or carried out the fireworks in an illegal space.

For those who may not know, fireworks are only allowed in Nevada from June 28th to July 4th. Even during these days, generally each county has its own rules regulating fireworks on private properties, roads, sidewalks, streets, or public spaces. Moreover, the fireworks must be Safe-N Sane rated and bought from licensed vendors.

Contact The Bourassa Law Group to Know If Your Fireworks Injuries Qualify for Liability Claims

As reported by the US Consumer Product Safety Commission, the rate of fireworks injuries has gone up by 25% in the country between 2006 and 2021. This shows that an increasing number of people are overlooking the laws and safety guidelines pertaining to fireworks.

With the 4th of July just around the corner, it’s important to be aware of your rights and responsibilities to ensure safety and how to file a liability claim in case you or a loved one ends up getting injured due to someone else’s fault. We have a team of experienced firework injury lawyers in Nevada who can do a free evaluation to determine if your case qualifies for a personal injury claim. Dial 1-800-870-8910 to get in touch with Nevada’s best personal injury lawyers at The Bourassa Law Group.

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