Determining liability for firework injuries in Georgia can be complex. Numerous parties could be held responsible, depending on how the injury occurred. For example, a fireworks manufacturer could be held responsible if a defective firework causes you to get injured. A retailer may be responsible for damages if they sold fireworks to minors or failed to provide proper warnings on their products.
These circumstances can be difficult to prove without the help of an experienced Personal Injury Attorney. At Weaver Law Firm, we have years of experience helping fireworks injury victims in North Georgia reach successful settlements. Contact us today for a free consultation and evaluation of your case.
Common Liable Parties for Fireworks Injuries
Holding the right party, or parties, responsible for your fireworks injury may require investigations, knowledge of liability law, and the ability to obtain evidence. At Weaver Law Firm, we can take legal action to prove your case and pursue damages against all liable parties. If you have questions about your situation, please do not hesitate to contact us to better understand your legal options.
Possible liable parties from a fireworks injury may include:
- Property owners: If fireworks are being set off at an individual’s home or private property, the owner could be held liable for damages if they did not take proper safety precautions.
- Fireworks manufacturer: If a firework is defective and the defect results in someone being injured, the manufacturer can be held responsible for violating safety standards.
- Retailer or Distributor: Businesses have a legal obligation to verify the sale of safe products, as well as ensure the customer is of legal age to purchase fireworks.
- Event Organizers: Businesses or event organizers putting on fireworks shows must ensure their guests are safe from harm when fireworks are deployed.
Firework Laws in Georgia
In Georgia, the sale and use of fireworks are regulated under state law. Consumer fireworks such as firecrackers, bottle rockets, and Roman candles are considered legal. However, the purchase of these fireworks does come with restrictions:
- Only individuals 18 years of age and older can legally purchase and use fireworks. Minors are prohibited from buying or using fireworks unless under the direct supervision of an adult.
- Fireworks can only be used between 10 AM and midnight, but this period may be extended on certain holidays like the 4th of July and New Year's Day.
- Fireworks cannot be used within 100 yards of hospitals, nursing homes, gas stations, or any other facilities that could be endangered by their use.
- Local municipalities may impose further restrictions, so be sure to check local ordinances before lighting fireworks.
Charges for Shooting Fireworks at People
When people shoot fireworks at one another, multiple parties can be held responsible if someone is harmed. The charges will be dependent upon why the parties were shooting fireworks at one another. Was it for fun? To do harm? Or damage property?
If a person was carelessly shooting fireworks at you and you got hurt, then you may be entitled to recover damages through a personal injury claim. Also, if someone shot a firework at you with the intention to hurt you, it may be a case of simple assault or aggravated assault. These charges can add punitive damages to your claim.
The right to punitive damages is a statutory right. Georgia Code Title 51-12-5.1 states that punitive damages are synonymous with vindictive damages due to aggravating circumstances.
The purpose of punitive damages is to serve as punishment and deterrence of unacceptable conduct. They are considered the best remedy for protecting individuals from serious negligence. The deterrence justification for punitive damages is meant to achieve two objectives:
- Deter specific defendants from repeating or continuing their offensive behavior
- Deter other potential parties from committing similar offenses
Firework Injury Statistics
According to the U.S. Consumer Product Safety Commission, the following data has been collected on fireworks injuries in the United States:
- Fireworks devices were involved in an estimated 10,000 injuries treated at U.S. hospital emergency rooms.
- Approximately 7,300 fireworks-related injuries occurred during the July 4th holiday period.
- Males accounted for 66% of fireworks injuries.
36% of fireworks injuries affected children under the age of 15. - Children aged 0 to 4 had the highest estimated rate of emergency department treatment.
58% of injuries treated in the emergency department were burns to the hands, fingers, arms, and legs. - There were 12 reported fireworks-related deaths in 2019.
How Much is a Fireworks Injury Worth?
The severity of your fireworks injury will account for a majority of your overall compensation if you reach a successful settlement. While there are other determining factors, the following personal injury classifications can give you a rough estimate of what your case is worth:
- Minor injuries: Approximately $1,500 - $15,000 - minor injuries are considered sprains, strains, and minor cuts and bruises.
- Moderate injuries: Approximately: $15,000 - $100,000 - moderate injuries are considered fractures, herniated discs, and torn ligaments.
- Severe injuries: Approximately $100,000 - $1,000,000+ - paralysis and death can quickly exceed settlement amounts of around $1,000,000 or more.
Contact Weaver Law Firm: North Georgia Personal Injury Attorneys
If you or a loved one has been injured by fireworks in North Georgia, Weaver Law Firm is here to manage your claim and ensure you’re fully compensated for the damage done to your life. We understand how traumatic a fireworks injury can be, especially when you have to fight with the insurance company to recover costs for medical bills and lost wages from missed time at work. But you’re not alone in this fight.
Our firm will take the necessary legal steps to restore your life and protect your right to compensation. Don’t wait months to hear from the insurance adjuster, only to have your injury claim denied. Contact Weaver Law Firm today for a free consultation and see what legal options are available for your situation.