We hope that everyone has a safe and fun weekend celebrating the 4th of July. Of course, people will be hurt this upcoming Independence Day weekend, and some of these injuries will be sustained as a result of someone’s negligent or careless behavior.
Each year, around 10,000 people end up in ERs across America for firework related injuries. Unfortunately, many of the people injured are children. If you or a loved one has been injured or burned by a firecracker, contact us today for a free consultation.
Are fireworks legal in California?
Fireworks do not have to be illegal to injure someone.
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In CA, “Fireworks” means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment.
Illegal fireworks includes but is not limited to: firecrackers, skyrockets, rockets, roman candles, chasers, all wire & wooden stick sparklers, surprise items, friction items, torpedoes, items resembling food, fireworks containing arsenic, phosphorus, thiocyanates magnesium (magnesium alloys permitted), mercury salts, picrates or picric acid, gallates or gallic acid, chlorates, (except those of alkali or earth metals), boron, titanium (except larger than 100 mesh), zirconium, gunpowder, and fireworks kits.
Counties in California also have various additional restrictions in addition to the state law. Generally speaking, if it flies or explodes it is probably illegal.
Fireworks and Lawsuits
All cases are different, but a few examples of those who may be liable for fireworks injuries may include:
- Companies that manufacture fireworks
- Organizations that host fireworks shows
- People who set off fireworks on their property at home
It is important to note that a homeowner has insurance in the event an accident takes place on their property. Even if you have been injured at a family member’s home or a close friend or neighbor’s home, it is a good idea to consult with an attorney if you have been injured. Insurance companies will be trying to speak to you as soon as the injury occurs; speak to your lawyer first.
How are people injured by fireworks?
Pyrotechnics cause devastating burns and explosions cause loss of limbs, comas, traumatic brain injuries, and even death.
Professional fireworks displays have accidents. People bring home dangerous fireworks and let children use them. Adults set off fireworks which accidentally cause injuries. Fireworks malfunction. Rockets tip over. Mortars cause explosions.
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Allen Vaysberg practices personal injury law and works tirelessly to defeat the tactics of insurance companies and large corporations who try to deny justice and fair compensation to injured people.