Fireworks are synonymous with celebrations and festivities all around the world, and New York is no exception. However, if you or someone you love has suffered an injury in a fireworks accident, you may have some questions about the legal options available to you:
- Is it possible to sue for damages in New York?
- And if so, how do you go about it?
In this blog post, we’ll break down the legal aspects of fireworks accidents in New York and provide injury victims and their families with the information they need to know.
What Do I Need to Know About Fireworks Accidents?
Fireworks accidents can happen in several ways, such as when a person is hit by a firework, suffers burns from the explosion, or when a malfunctioning firework explodes. The first thing you need to know is that New York State has strict laws regulating the possession and use of fireworks.
According to state law, fireworks can only be sold to individuals who are 18 years old or older. Fireworks regulations in New York state stipulate that only sparkling devices are permissible, while other types of fireworks, such as Roman candles, firecrackers, bombs, metal wire sparklers, skyrockets, and bottle rockets, are strictly illegal. It is important to note that while sparkling devices are allowed, according to state law, individual counties hold the authority to decide their permissibility.
What Should I Do if I’m Injured in a Fireworks Accident?
If you are injured in a fireworks accident, the first step is to seek medical attention immediately. Once your health and safety have been addressed, you can begin the process of determining if you can file a personal injury claim or sue for damages.
Can I File an Injury Claim if I’m Injured in a Fireworks Accident in New York?
In New York, you can only sue for damages if someone else’s negligence caused the fireworks accident. Negligence may include the failure to properly store, handle, or use fireworks. However, even if negligence is involved, there are still some legal hurdles to overcome. One of the major obstacles is the assumption of risk doctrine, which is often used to defend fireworks accident cases.
What Is the Assumption of Risk Doctrine?
The assumption of risk doctrine states that the person injured in the accident understood and assumed the risks involved in the activity, making it difficult to hold others liable. However, if it can be proven that the defendant acted with intentional harm, the assumption of risk doctrine might not apply to your case.
Can I Sue if I Was Injured During a Fireworks Show?
If you were a spectator at a fireworks show and were injured, you may be able to sue for damages. Fireworks shows require permits, and if the show’s organizers did not follow standard safety precautions or made mistakes, you might have a case. It’s crucial to contact an experienced personal injury attorney who can review the specifics of your case and determine whether you have a viable claim.
Contact Our Experienced Fireworks Accident Attorneys in Schenectady for a Free Consultation Today
It’s essential to do two things if you were injured in a fireworks accident:
- Seek medical attention.
- Contact a skilled personal injury attorney who can help you navigate the complexities of the legal system and advocate for your rights.
At DeLorenzo, Grasso & Dalmata, our unwavering commitment lies in providing exceptional and reliable legal representation to injury victims and their families. If you seek guidance regarding your personal injuries, rightful compensation, or the unfortunate loss of a loved one due to the negligence of another party, we are here to guide you. Feel confident in turning to us for the answers and support you need during these challenging times.
For more information about our legal team, review our case results.
Were you or a loved one injured in a fireworks accident due to another’s negligence? Our fireworks accident lawyers in Schenectady are dedicated to helping you hold those responsible for your pain and suffering accountable. Give us a call at (518) 299-0314 or contact us online today for a free consultation.