Fireworks are a fun and popular way of celebrating special occasions and public holidays and not forgetting, Guy Fawkes night. Although enjoyed by many, they don’t come without their dangers if not used properly. Importantly, if you or someone you love has been injured by fireworks due to the negligence of somebody else, you may be eligible to make a firework injury claim for compensation for your pain and suffering.
To start a claim right away, please call us on 0800 6524 881. Alternatively, please read on to learn more about claiming compensation for fireworks injuries.
Table of contents
- Am I Eligible To Make A Firework Injury Claim?
- Regulations Regarding Fireworks Use In The UK
- Firework Injuries At Organised Public Events
- Firework Injuries At Private Events
- Injured By A Criminal Act
- Common Causes of Fireworks Accidents
- Common Injuries from Accidents Involving Fireworks
- How Much Compensation For A Firework Injury Could I Claim?
- Evidence to Support A Firework Injury Claim
- Time Limits For Claiming Compensation
- Starting The Firework Injury Claims Process
To find out your eligibility to make a firework injury claim, contact our claims advisors to establish whether the following elements exist:
- The defendant, who could be an individual or organisation, owed you a legal duty of care; and
- The defendant was negligent in their actions, and so failed to take reasonable care to keep you from harm; and
- The defendant’s negligence resulted in an accident that led to your firework injury causing you to suffer injury.
It’s important to note that there are different ways in which duty of care may be established, but a personal injury solicitor will investigate this and help you to provide the supporting evidence.
In the UK, the use of fireworks is regulated by several pieces of legislation. These include:
- The Fireworks Regulations 2004.
- The Firework (Safety) (Amendment) Regulations 2004.
- The Pyrotechnic Articles (Safety) Regulations 2015.
- The British Standards BS 7114.
The different laws in place cover different aspects of firework usage with the aim to ensure the safety of everyone who is present where fireworks are being used regardless of whether it’s a commercial display or a private party.
The regulations highlight that the persons in charge of an event, have a legal responsibility to ensure the safety of visitors, guests, spectators and staff. If they fail in this duty and another person is hurt by a firework as a result, you may be eligible to claim compensation.
Large public fireworks display organisers are obliged to follow strict health and safety standards to ensure the safety of both staff and spectators. Therefore, they must implement measures to protect those attending the display as part of their legal obligation. If any injuries occur during a display, the organiser could be held liable for negligence and have to pay compensation to the victim/s.
If you or someone you love is injured during a public fireworks display, it’s important to report it to the organisers of the display as soon as possible. You should obtain the contact information of the person you reported your injury to, and request they give you a written acknowledgement of your complaint. You could also take photographs of any injuries you have sustained, and gather the contact information of any witnesses to the incident.
We’ll go into a bit more depth on what evidence you could use to support a firework injury claim a little later on.
Many people enjoy using fireworks to add excitement to privately held parties celebrating festivals or special occasions. However, in these smaller settings, health and safety measures are less regulated, if at all, increasing the risk of injury. Faulty fireworks or substandard safety warnings and instructions can contribute to this.
If somebody is hurt due to a malfunctioning firework, the manufacturer could be at fault and may be held liable. You should always keep any receipts, instructions for use and packaging when buying fireworks for a party.
Although less frequent, injuries can also occur if someone throws a firework directly at another person. Setting off fireworks in the street, or throwing them at somebody, with or without intent, is against the law. If you or a loved one are injured due to someone else deliberately throwing fireworks, it’s important that you file a police complaint as soon as possible.
It may also be an option to file a claim through the Criminal Injuries Compensation Authority (CICA), and the police complaint can serve as evidence to support your claim. Our solicitors might also be able to help you with making a criminal injury claim so please contact us today for free advice.
Firework accidents are quite common but are often preventable if sufficient health and safety measures are in place. Some of the most common causes include:
- Improperly handling fireworks such as lighting them when they are too close to people or buildings.
- Using illegal fireworks or fireworks that are malfunctioning.
- Using fireworks whilst under the influence of alcohol or drugs.
- Lack of child supervision around fireworks or whilst using sparklers.
- Attempting to re-light a firework.
- Attempting to fix a firework that has malfunctioned.
- Ignoring any safety precautions, instructions or warnings on the fireworks packaging.
If someone is injured as a result of a firework accident due to negligence, you may be eligible to file a firework injury claim against them..
Firework accidents can cause a variety of injuries, some of which can be severe. Some of the more common injuries from accidents involving fireworks include:
- Burns (that may also cause scarring) to the skin, face, eyes, hands and other parts of the body.
- Loss of sight due to eye damage.
- Temporary or permanent noise-induced hearing loss.
- Tinnitus – Temporary, intermittent or permanent ringing in the ears.
- Amputations – Some injuries are so severe that parts of the body such as the fingers, hands, toes or feet may need to be amputated.
- Cuts and lacerations.
- Psychological injuries – Serious firework accidents can result in conditions such as PTSD.
It’s important to understand that injuries from fireworks, even the ones that may seem insignificant at the time, can have long-lasting consequences. These may include ongoing physical complications from the injury or psychological trauma after being injured.
The amount of compensation for a firework injury you could claim will depend a lot on the circumstances of your injury. For example, the severity of your injury, the impact it has had on your life, and if you have incurred any costs because of it.
Some of the factors that could be taken into account when determining the amount of compensation include:
- General damages. These refer to the physical and emotional trauma of sustaining an injury and the effects it has had on your life, and future prognosis. Such as:
- The level of pain and suffering endured.
- The psychological impact your injury has had.
- Any loss of amenity and future prospects.
- Special damages. These refer to the monetary losses you may have incurred resulting from being injured. Such as:
- Medical expenses – Includes any costs for treatment, medication, therapy for example.
- Travel expenses – Includes travel costs to and from medical appointments, or the costs of any vehicle adaptions you may have had.
- Care claim – Refers to any costs of having home care whilst recovering from your injury.
- Loss of income, future income, bonuses or promotion opportunities.
A personal injury solicitor will carefully evaluate all possible factors when determining the final settlement amount, so please speak to one of our experienced solicitors for expert legal advice.
We cannot determine a specific compensation amount for a firework accident without first carefully examining all of the factors involved. However, in the meantime, you can use our compensation calculator provided below to see what levels of compensation are generally advised for various different injury payouts.
If you decide to file a firework injury claim, you will need to provide suitable evidence to support your claim. The evidence can include:
- Photographs, videos or CCTV footage if available of your accident.
- Medical report of your injury.
- Photographic evidence of any visible injuries to help demonstrate how you suffered.
- If the accident happened at a public event, ask for a copy of the incident report.
- Witness statements. These can be very powerful in confirming your version of events.
- It’s also worth keeping a record of any costs you have incurred due to your injury.
A personal injury solicitor on our team could advise you on the evidence you might have already and help you collect more if possible.
The Limitation Act 1980 states that generally, a 3-year time limit exists for personal injuries within which to start a compensation claim starting from the date a claimant was injured, or from the date their injury was diagnosed.
If a child has sustained a firework injury, you could file a claim on their behalf as a litigation friend at any time until they reach the age of 18. If you do not make a claim on their behalf, they can make a claim themselves from when they turn 18 until they turn 21 years of age.
In our opinion, it’s advisable to start your compensation claim straight away to increase your chances of building a strong case.
If you’d like to discuss your options for a firework injury claim, please feel free to contact us on 0800 6524 881. Our advisors can explain the claims process to you and assess your chances of receiving compensation.
If we feel you have a viable claim, one of our solicitors will offer to proceed with your case for you on a No Win No Fee basis, meaning that legal fees will only be payable if the claim is successful. Using a legal professional to make your claim should ensure you have the best chance of receiving the compensation that you deserve.
Call us or use the live chat today to get your firework injury claim underway as soon as possible.