Fireworks and Personal Injury Lawsuits
With the Fourth of July quickly approaching firework sales are expected to soar in Iowa thanks to the Iowa Legislature which voted earlier this year to legalize the sale and use of fireworks (under certain circumstances). The Des Moines Register reports that under Iowa’s new firework law a huge array of consumer-grade fireworks that were previously banned in Iowa can now be legally purchased in our state by individuals who are 18 years old or older from July 1 through July 8 and then again from December 10 through January 3. The new law also states that legally purchased fireworks can only be set off on private property from 9 a.m. to 10 p.m. on days when the sale of fireworks is permitted.
However, many cities in Iowa have established their own rules about when and where fireworks can be shot off so if you plan on setting off fireworks to celebrate the Fourth of July this year check with your local city of county about the regulations in place for your hometown. Complying with Iowa’s firework rules and regulations is not only the law but doing so will help keep your family and others safe.
Personal Injury Lawsuits
Keep in mind that just because something is legal doesn’t necessarily mean that it is safe. Although it is now legal to set off fireworks in Iowa under certain circumstances it is important to remember that every year hundreds of people in the United States are seriously injured by fireworks. In fact, the U.S. Consumer Protection Safety Commission released a report stating that, on average, 230 people go to the emergency room every day with firework-related injuries during the month surrounding the Fourth of July holiday. When such an injury is caused by someone else’s negligent or wrongful act the injured individual is often entitled to file a personal injury lawsuit against liable parties in order to recoup the losses that were sustained in connection with the injury.
In order to prove a firework personal injury claim in Iowa, an injured individual needs to be able to prove each of the following four elements:
- Duty of Care: The injured plaintiff (i.e. the person suing) must prove that the defendant owed them a legal duty. When shooting off fireworks there is generally a legal duty to do so while exercising reasonable care.
- Breach of Duty: Next, the plaintiff must demonstrate that the defendant breached their duty by failing to exercise reasonable care. In other words, in order to satisfy this element it must be shown that the defendant acted negligently or recklessly in some way.
- Causation: Then the plaintiff must show that the defendant’s negligent or reckless action caused, or at least contributed, to the plaintiff’s injury.
- Damages: Lastly, in order to recover damages the plaintiff must prove that they suffered actual damages because of their injury.
Let Us Help You Today
If you or a loved one is injured by someone else’s negligent or wrongful act over the Fourth of July weekend feel free to contact the Noyes Law Office, P.C. to discuss the possibility of filing a personal injury lawsuit against the liable party. Here at the Noyes Law Office, P.C. our experienced personal injury lawyers are committed to aggressively pursuing the compensation that each of our injured clients are legally entitled to. Let us fight for you. To schedule a free no obligation initial consultation contact our Fairfield office today by calling (641) 472-3236.