Each year in the United States, accidents involving fireworks kill around ten people. In June and July, the risk is the highest, as fireworks are being sold and used in anticipation of the July 4th holiday. An Indiana boy was killed over the holiday weekend in a fireworks explosion that occurred while the family was lighting fireworks to celebrate the holiday.
According to a local news report discussing the accident, the 11-year-old boy and adults from his family were setting off “mortar-style” fireworks when an explosion occurred and the boy was seriously injured. His family attempted to rush him to the hospital after the explosion, but he died before they arrived. Although the accident is still under investigation, authorities have ruled it an accident for the time being.
All fireworks involve some risk of injury, especially if they are not used as intended. Some types of fireworks are more dangerous than others. IN 2013, the Indiana legislature expanded the permitted types of fireworks allowed in the state. This rule change allowed Indianans to use aerial consumer fireworks, such as mortars and bottle rockets, in addition to the ground-based fireworks that were previously allowed. These ariel fireworks are generally more dangerous than grounded ones, as the aerial varieties usually utilize at least two separate explosions to cause the desired effect, and can cause serious damage if they are misused or fail to function as intended.
Consumer products such as fireworks are subject to state and federal consumer safety laws. The manufacturers or distributors of these products are responsible to market a product that is safe for use by American consumers. If a firework malfunctions and causes injury or death, the manufacturer or distributor may be responsible for damages related to the incident. Additionally, the manufacturers and distributors of fireworks must warn consumers of the risks of misuse, and instruct consumers on how to safely use the product. In cases where someone misuses a firework and it results in injury or death, that person may be personally responsible for damages related to the loss. If there is property insurance coverage for the location where an accident occurs, damages related to the accident may be covered under such a policy.
Seeking compensation for accidents that occur at family events and social gatherings may make some people uncomfortable, as a personal injury claim may appear to be an attack on a property owner. Indianans should remember that the purpose of insurance coverage is to pay for the expenses of anyone injured in an accident on the covered premises, and family and friends are certainly protected by that coverage. If you or a loved one has been hurt in an accident at a family or social event, seeking legal advice and potential compensation for your losses should not be seen as an adversarial act.
Have You Been Hurt in An Indiana Accident?
If you or a loved one suffered injuries in an accident on public or private property in Indiana, you may be entitled to financial compensation for your loss. The skilled Indiana accident attorneys at Padove Law know how to get insurance companies to cooperate in paying out our clients’ claims. Contact Padove Law today at 877-446-5294 to schedule a free consultation.