Seventy-four percent of all firework-related injuries occur in the weeks before and after the Fourth of July holiday, according to the United States Consumer Product Safety Commission. As stated in their 2021 report, thirty-two percent of those injured were burned.
Understanding The Dangers of Fireworks
What is considered a fireworks accident?
Between 2006 and 2021, there was a twenty-five percent increase in injuries due to fireworks. MedicineNet describes firework injuries as “an injury from a device for producing a striking display by the combustion of explosive or flammable compositions”. Firework accidents occur when consumers do not follow appropriate fire safety measures, manufacturers use dangerous components, and when firework show presenters do not take the proper precautions when using these common combustibles.
Seventy-three percent of all firework-related injuries occur in the weeks before and after the Fourth of July holiday, according to the United States Consumer Product Safety Commission. As stated in their 2021 report, thirty-eight percent of those injured were burned, with a higher percentage of those injuries affecting the hands and fingers. The second most common firework injuries occur to the head, face and ears.
Common types of firework accidents
Burns are the most common type of firework injury according to Nationwide Children’s Hospital. In 2021, the CPSC recorded 11,500 individuals visited emergency rooms to treat firecracker-related injuries, down from 2020’s high of 15,600 hospitalized persons. Although most firecracker-related injuries were due to inappropriate handling of fireworks, the CPSC estimates thirty-one percent of tested fireworks were found to contain non-compliant components, including “fuse violations, the presence of prohibited chemicals and pyrotechnic materials overload”.
Firework Safety Tips
Choosing legal and approved fireworks
Florida’s State Fire Marshal’s Office keeps an updated list of approved sparklers, though sparklers should never be used by unsupervised children. According to the American Pyrotechnics Association, the Florida Statute allows handheld and ground-based non-explosive fireworks. Upon burning, fireworks may not contain more than 100 grams of the chemical compound that produces sparks.
Safe firework handling and firework ignition procedures
Safe handling and ignition procedures for fireworks are of utmost importance to ensure the safety of both individuals and property. Individuals must follow a set of guidelines to minimize the risk of accidents.
First, it is essential to read and understand the instructions provided by the manufacturer. Each type of firework may have different handling requirements, and it is important to be aware of these details. Additionally, it is crucial to handle fireworks with care and avoid rough handling or dropping them.
Fireworks should always be stored in a cool, dry place away from flammable materials. Ignition procedures for fireworks should also be approached with caution. It is recommended to use a long-handled lighter or a punk stick to light the fireworks at a safe distance. It is crucial to keep a safe distance from the firework once it has been ignited and not attempt to relight a firework that has not fully ignited. It is also important to have a designated area for fireworks ignition, away from buildings, trees, or other flammable objects. It is advisable to have a bucket of water or a hose nearby in case of emergencies.
Children should not light fireworks and should always be supervised by an adult when holding hand-held fireworks such as sparklers. Further, fireworks users should always follow local laws and regulations.
Firework Accidents and Liability: Who’s Responsible?
In cases where fireworks malfunction, individuals may be able to hold manufacturers, importers of foreign fireworks, or local retailers accountable for their negligence and recover damages. Each of these entities has a duty to ensure that the product is in safe working order before the firework makes it into the hands of consumers. With the majority of fireworks being produced in China and then imported into the United States, a burn victim’s only recourse is often to recover damages from a firework stand operator. In a product liability lawsuit, an individual must prove that their injuries were a result of a defect in the product in order to win compensation.
Role of insurance in compensating firework injury victims
Fireworks can cause serious harm and injuries, and the costs associated with medical treatment and rehabilitation can be significant. Insurance provides a means for victims to seek compensation for their injuries and helps alleviate the financial burden they may face.
In Florida, there are various types of insurance coverage that can come into play when compensating victims of firework-related injuries. Health insurance covers the costs of medical treatment and hospitalization. This type of insurance ensures that victims receive the necessary care without having to worry about the financial aspects. Additionally, health insurance may also provide coverage for rehabilitation services, such as physical therapy, which can be essential for victims to regain their mobility and functionality.
Liability insurance also plays a role in compensating victims after a firework-related accident. The insurance is often carried by the individuals or organizations responsible for the fireworks display or the sale of fireworks. This form of coverage helps protect them from potential lawsuits and provides compensation to victims who have been injured due to negligence or improper handling of fireworks. Injured individuals can file a claim with the liable party’s insurance company to seek compensation for their medical expenses, pain and suffering, and other damages that have resulted from the firework-related injury.
Homeowners or renters insurance may also come into play if the injury occurs on someone’s property. These types of insurance policies typically include coverage for personal liability, which means that if a firework-related injury occurs on the insured property, the insurance company may offer compensation to the victim. This coverage can help injured persons to recover damages and cover their medical expenses without having to pursue legal action.
I’ve Been Injured by Fireworks. What Should I Do? Steps to Take
When an individual is injured by a firework, they must first conclude if the injury is a minor or major burn. Onlinefirstaid recommends an ambulance be called when any burn is larger than the victim’s hand. Though deep burns of any size require immediate hospital treatment.
For minor burns, an individual should hold the affected area under cold running water for a minimum of ten minutes or treat the injury with a cold, wet, compress. If the burned area is on the hand, a burn victim should insert the injured hand into a sterile plastic bag as the affected area continues to cool.
Once the burned area has cooled, an individual may spread petroleum jelly on the wound before covering it with a sterile non-stick bandage. An individual may also choose to take over-the-counter pain medication such as acetaminophen or ibuprofen to help relieve pain and reduce inflammation.
Individuals should keep the area protected from the sun as it heals. The American Academy of Dermatology Association suggests using protective clothing or broad-spectrum sunscreen on the area once the burn has healed to reduce the chances of scarring and redness.
There is a greater risk of infection, hypothermia, and shock associated with severe burns. If an individual is severely burned they should immediately instruct another individual to call emergency services (9-1-1) for them. While awaiting the ambulance, the victim or their helper should begin to cool the burn by placing it under running water, while keeping the injured individual warm, dry, and as calm as possible. Any restrictive clothing or jewelry around the affected area should be removed, as the area could begin to swell. If the victim begins to show signs of shock, they should be helped to the ground to lie on their back and their legs should be elevated. The burned individual or helper should never touch, use ointments or creams, use adhesive bandages, or puncture any blisters on or around the wound.
Find a Firework Injury Attorney with Experience
Firework-related injuries may happen to the individual handling the fireworks or to a spectator. In both cases, an individual may be able to receive compensation for their injuries. Several legal theories may apply depending on a burn victim’s individual circumstances. This is why immediate assistance from an experienced firework injury attorney is imperative.
For over thirty years, the dedicated personal injury attorneys at Panter, Panter, and Sampedro have been working alongside clients to ensure they get the justice, recovery, and compensation they deserve. To speak to an experienced trial attorney, call (305) 662-6178.
Sources:
https://www.cpsc.gov/Safety-Education/Safety-Education-Centers/Fireworks
https://patch.com/florida/across-fl/4th-july-2022-fireworks-laws-what-s-legal-florida
