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For many in Florida and across the country, the Fourth of July is a time of celebration and patriotism. Once nightfall hits, many people like to light up the sky with a variety of fireworks that often prove to be spectacular displays of color and beauty. Unfortunately, though, some of the celebrations involving fireworks end in injury or, in some instances, tragedy.

Whether the injury occurs at a Fourth of July celebration or a New Year’s Eve party, Randall Spivey and his team of Ft. Myers personal injury lawyers know that the injuries sustained from fireworks can be distressing.

When such incidents occur, the injured individuals and their families often wonder about their legal rights and options. One of the main questions asked concerns whether the injured party has a right to sue, and if so, who would he or she sue. Consider the following.

Mishandling Fireworks
Thousands of individuals hurt themselves with fireworks each year -- so much so that they sustain a variety of injuries, including lost limbs and severe burns. Unfortunately, it may be an instance of user error where the individual did not read or follow the instructions provided with the fireworks.

That said, if you were the person who lit the firework and sustained injuries after something went wrong with that firework, a skilled personal injury lawyer would need to review your particular set of facts to determine if you have a cause of action against an individual or business entity.

However, if you were simply someone who was in an area to watch a fireworks display and you subsequently sustained injuries from the display, you might be able to sue under the legal theory of negligence.

In negligence claims, the harmed individual is required to demonstrate that the defendant (the person causing the alleged harm) had a responsibility or duty to act reasonably when dealing with the fireworks. The harmed individual will also need to show that the defendant failed in his or her duty to act reasonably, such that the breach caused the injury that you, in fact, sustained.

Fireworks and Product Liability Issues
On occasion, injuries are not caused by human error or conduct. Rather, the fireworks may have been manufactured incorrectly and/or defectively, such that something happened to cause the resulting injuries to those who were there to watch the display. If the fireworks were defective in some way, you might be entitled to sue not only the fireworks manufacturer, but also the store who sold the fireworks and anyone else falling in the supply chain.

Claims involving product liability issues are typically negligence-based or based on breach of warranty or strict liability. This is why it is imperative for those who have been injured by fireworks to work with an attorney as soon as possible so that the appropriate action can be taken against all parties who may be held legally accountable for the injuries incurred.

If you or someone you love has sustained injuries during a celebration that included a fireworks display, contact the Spivey Law Firm, Personal Injury Attorneys, P.A. as soon as possible to discuss your options under the law.