I was injured by fireworks, can I sue?
That depends. In NY, if you were the person using the fireworks and were not licensed to do so legally, you probably do not have a case. Most are illegal in NY except if set off by licensed professionals with a permit to do so at an organized event, such as Grucci 4th of July Fireworks in Manhattan, or Montauk or Eisenhower Park.
When Do I Have A Case?
There are times though, when you do have a case. A person suffering personal injury caused by fireworks due to another person’s negligence may have a claim against the person responsible. Negligence means someone fails to exercise the level of care that a reasonable person should have exercised in the same circumstances. Examples may include getting injured by your neighbor’s fireworks that were set off in the street, unbeknownst to you. It was dark and the fireworks used were illegal and you got burned or injured severely due to their negligence.
Another example is that you attended an organized event, such as a fireman’s fair and the organizers failed to hire licensed professionals. Maybe safety regulations were ignored and not enough distance was kept between the pyrotechnic display and the public. An innocent bystander gets hit. In most cases like this, you would have the right to sue.
Lawsuits have been filed against fireworks companies, organizations that host fireworks shows. They also have been filed against people who host shows at their home. People file claims that they have been injured or seriously harmed by the displays. In 2010, a woman was awarded $4.75 million in her lawsuit after she alleged she suffered burns and a traumatic brain injury when a pyrotechnic exploded next to her. Her son, who was on her lap, was in a coma for three days.
If you were severely injured by fireworks, that was caused by someone else’s negligence, please call our office at 516-222-4000 for a free case evaluation. You may be entitled to compensation.