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The fourth of July is best known for its fireworks displays. Beautiful colors and shapes fill our skies as we celebrate with families and friends at public displays. However, these public fireworks displays have been linked to serious personal injuries. Fireworks device malfunctions along with misuse have caused numerous injuries and deaths.

"If you or a family member has been injured, or died, as the result of a fireworks accident, you may be entitled to compensation. To determine whether you have a claim under Florida law, it is important to contact a personal injury attorney immediately following the accident," said Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

In 2013 in Simi Valley, California, 28 people were injured when a fireworks launching station fell over causing the shells to shoot sideways according to The Huffington Post. There were more than 8 thousand people waiting to see the fireworks display when the accident happened causing chunks of wood to fly through the air and multiple fires. Some reports said the pyrotechnics exploded prematurely. This caused injuries such as burns, bruises and shrapnel. To avoid injury many people were trampled as they fled the scene. A neighborhood fireworks show not far from the Simi Valley accident caused a woman to lose her foot and another person to suffer burn injuries.

Technicians who work with the pyrotechnics have also sustained injuries. Whereas, spectators are required to keep their distance from fireworks displays, those who work with them are not. There is no safe distance for them.

The CPSC (Consumer Product Safety Commission) reported in 2013 (most current available report), that in 2012 emergency rooms treated approximately 8,700 fireworks-related injuries. Most of those injuries, 5,200, were treated between June 22, 2012 and July 22, 2012. The most injured body parts were hands and fingers, followed by eyes, head and legs. These injuries included public and private fireworks displays.

The CPSC report said that fireworks incidents become deadly when banned, professional and home-manufactured devices are involved. In 2013 there were eight fireworks-related deaths recorded, victims were either manipulating or a bystander to someone who was handling a banned, professional or home-manufactured device.

Mandatory fireworks requirements in the FHSA (Federal Hazardous Substances Act) and CPSA (Consumer Product Safety Act) are enforced by the CPSC. These agencies work together to monitor products entering the country, to stop illegal use and distribution of fireworks and prosecute violators of the federal requirements. The CPSC and the U.S. Customs and Border Patrol staffs sampled and tested a select number of imported fireworks in 2013. Thirty-three percent of those tested were noncompliant with the federal regulations.

Fireworks manufacturers along with those who sponsor fireworks displays may be held liable for fireworks accidents. The liability may include products liability if the fireworks malfunction and/or personal liability for the sponsor of the fireworks display. Some of the failures which may be cited are:

• Failure in the design of the fireworks.
• Failure to properly manufacture, label, and/or provide instructions for use.
• Failure to adequately warn fireworks users of dangers with warnings on the packaging and inside.
• Failure of fireworks display companies in training technicians.
• Failure to properly oversee the discharge of the fireworks.
• Failure to properly protect from falling debris or faulty fireworks.
• Failure to properly set the distance of attendees from the fireworks area where they are ignited.
• Failure to properly warn attendees of the dangers of faulty fireworks and/or falling debris.
• Failure to "use that degree of care that an ordinary and prudent person would use under the same or similar circumstances."

Fort Myers Product Liability Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.