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Each
year in the U.S. 13,000 people are treated in emergency rooms because
of severe injuries from malfunction or careless use of fireworks.
Seven of every 100 people injured from fireworks require
hospitalization. Over 40% of those injured from fireworks are
children ages 0-14. Males are injured three times as frequently as
females. The most frequently injured body sites are the hands and
fingers (38%) and the eyes (19%). About half the injuries are burns.
Also, fireworks can be life-threatening when they cause a house fire.
According to the National Fire Protection Association, fireworks
result in more than $41 million in direct property damage annually.
Studies suggest that state laws concerning the sale and use of
fireworks are related to the number of injuries incurred. For
example, in one state in which the sale of fireworks was legalized,
the number of injuries seen in emergency departments more than
doubled. Injuries occur
around holidays associated with fireworks celebrations, especially
Independence Day and New Year's Eve. Two-thirds of all fireworks
injuries occur July.
Legal
claims involving fireworks can involve complex issues. The following
are a few important legal, factual and evidentiary matters that
should be considered when evaluating a claim.
- Were the fireworks sold or used
illegally?
- What were the class of fireworks being use?
- Did the person using the
fireworks experienced and knowledgeable in their use?
- Did the use of the
fireworks involve a commercial enterprise or other organization?
- Did the use of the
fireworks involve a private individual?
- Did the accident involve
children?
- Were the children properly
supervised?
- Who manufactured,
distributed or sold the fireworks?
- Were the fireworks homemade?
- Was
the injured person permitted to get too close?
- Was
the injured person using the fireworks?
- Were
proper warning and instructions given?
- Did
the fireworks cause damage to a structure because of improper usage
or weather?
- Was
emergency equipment nearby?
- Did
the fireworks malfunction, or were they otherwise defective?
- Were
people properly out-of-range before the ignition of the fireworks?
- Were
the fireworks improperly stored?
- What are the nature and
extent of any injuries?
- Has the accident been
investigated by any government agency?
If
an accident happens, it is important that you do not compromise your
legal rights by making statements to the press, insurance
investigators, potential defendants, their representatives, or
signing a release for personal or medical information. You should
first know your rights. If you, a friend, or loved believe that you
have been exposed to a toxic chemical or hazard, consider the
suggestions in our accident guide, and call us immediately for an
evaluation of your case. We are here to help. You can call us seven
days a week, 24 hours a day, everyday of the year. We also offer a
free legal-infoline service, and you can now contact us on this web
site by using our Personal Injury Contact form. We are committed to
doing the extra things it takes to help our clients.
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