Injured by Fireworks: Can You Sue in Wisconsin?
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Each Independence Day, Americans gather, setting off fireworks in celebration. Each year, it seems injuries resulting from fireworks are inevitable. The National Fire Protection Association estimates that U.S. hospitals treated 9,600 people injured by fireworks in 2011.
Of those 9,600 injuries:
- 61% were injuries to hands or fingers
- 34% were injuries to the head, including eyes
- 11% were injuries to legs
- 4% were injuries to arms, shoulders, or wrists
Consumer misuse is one of the main causes of fireworks-related injuries. Unfortunately, if your injuries were the result of your own misuse of fireworks, it is unlikely you will be able to sue. Consumer misuse of fireworks includes:
- Lighting fireworks incorrectly
- Lighting fireworks near other people
- Lighting fireworks in their hand
If your injuries were the result of someone else’s misuse, or the malfunction of the fireworks, you may be able to file a personal injury lawsuit.
Personal Injury Lawsuit for Fireworks-related Injuries
Your ability to file a lawsuit if you were injured by fireworks depends on how your injuries were sustained.
In most cases, if your injuries were caused by another person, your case will boil down to negligence. For example, if you were a spectator who received injuries, you may be able to prove that the person, company, or city responsible for the fireworks acted negligently, thus resulting in your injuries.
In some cases, you may be able to prove that the fireworks manufacturer is liable for product malfunction. If you can prove that all proper protocol and safety procedures were followed throughout the product’s use, but you still received injuries, you may be able to recover damages in a personal injury lawsuit.