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Fireworks Injuries

In numerous states across the country, fireworks have been banned from sale and public use due to the high incidence rate of fireworks injuries. These injuries most commonly include burning, scarring, loss of sight, loss of hearing, hand injuries (which often include the loss of fingers or nerve damage in the injured hand), and face injuries. While Virginia laws have some restrictions on the use and purchase of fireworks, the Commonwealth doesn’t entirely ban these dangerous products. This means that many Virginians (especially those under 14) will be among the approximately 9300 people nationwide who will be seriously injured by fireworks this year.

Federal laws enforced by the Consumer Product Safety Commission ban the sale or use of the most dangerous types of fireworks throughout the United States. These include:

• M-80s, cherry bombs and any firecrackers containing more than 50 milligrams (about 1/6th the weight of a typical aspirin tablet) of powder.
• Large re-loadable shells
• Aerial bombs
• Mail-order kits for building fireworks

But despite the vigilant efforts of the CPSC, each year thousands of these extremely dangerous fireworks still find their way into the hands of minors, who don’t always use good judgment or take the necessary precautions that are so important when fireworks are used. This lack of care can end in devastating injuries, and in rare cases, fatalities to those who are standing too close to fireworks when they ignite explode.

Even though the extent of injuries caused by federally banned fireworks is often more severe, more than 60 per cent of fireworks injuries are caused by legal, less powerful fireworks. For instance, sparklers can reach temperatures of more than 2000 degrees, and can lead to severe burns, especially in children under 5. Fireworks also contribute to more than 20,000 fires every year.

While Virginia has stricter laws in place to enforce fireworks use and sales, neighboring states have less stringent guidelines about the types of fireworks vendors can sell. West Virginia, North Carolina, Kentucky and Tennessee don’t enforce a ban on most consumer fireworks. Often, fireworks are purchased in these states and brought into Virginia. Other times, fireworks are purchased over the Internet and illegally shipped to Virginia.

As civil law attorneys, the job of Breit, Drescher & Imprevento, P.C., is to investigate all the circumstances of your injury. We investigate the source of the fireworks, who made them available and whether negligence was involved in their use. If we find that it is, we represent our clients’ right to obtain adequate compensation from the negligent party. If you or a loved one has suffered an injury as a result of a fireworks injury, contact our offices today.

Fires in Restaurants, Stores and Other Public Buildings

When fires occur in rooms or enclosed spaces, they can often devour everything in the room within seconds. One tragic example of this occurred in a Rhode Island nightclub, the Station, on February 20th, 2003. Only a few moments into a rock show that featured pyrotechnics in the act, the entire building was in flames, and in less than an hour, 100 people had lost their lives.

The criminal proceedings for this case are still underway in Providence, R.I., but at their conclusion, a civil case will ensue against the insurance companies of Triton Realty, the owner of the Station Nightclub. The attorneys of Triton Realty expect damage claims from the fire to exceed more than $1 billion.

If a trial becomes necessary, during it the insurance companies will be asked why they didn’t expressly warn the club owners about the clear dangers of staging a pyrotechnics show on the premises. Undoubtedly, the insurance companies will do everything they can to shift the blame to the nightclub owners and their failure to assess the threat of fire to their patrons. Instead of learning from the tragedy and taking more proactive steps in assuring that safety is the first concern for any public place they insure, the insurance companies will invest money in attorneys who will focus on clearing their clients of liability in the case.

Thousands of nightclubs, restaurants, stores and other public buildings in the United States are vulnerable to fire hazards. When a fire occurs where numerous patrons are severely burned or killed through smoke inhalation, then the families of those victims should act. In Virginia, the attorneys of Breit, Drescher & Imprevento are here for families who need legal help following a severe burn injury.

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