Gunpowder, Treason and Plot
With the nights drawing in it is time to break out the cosy hot chocolate and toffee apples. Whether you are commemorating Guy Fawkes’ failed plot to blow up the House of Parliament or you recently celebrated the Diwali Festival of Lights, the season of bonfires and fireworks is upon us.
With many people choosing to set up their own display at home, fireworks are readily available in the supermarkets. However, the back garden displays for many can be fraught with issues, not least the danger to people attending and animals with both noise, light and a poorly placed rocket going off in the wrong direction. Thought must also be given to those living around residences including the elderly, veterans and the vulnerable in society. The guidance for fireworks is largely the same every year with the Office of Product Safety and Standards providing sage advice.
With the risk of things going wrong, and perhaps the cost of living increases, more families are turning to public events for their fill of fireworks and bonfires. While this can be the safest way of enjoying the season, even with the best planned events, things do go wrong.
The Dispute Resolution Team at Brewer Haring & Rowe are well placed to deal with personal injury claims for firework-related injuries, from small cuts, minor burns and breathing difficulties caused by stray embers to more significant injuries including significant burns, and fractures caused by falling debris, and in some cases even death.
When you attend an organised event, more often than not you, your family and friends have a great time and bring nothing home but great memories (perhaps a little ringing in the ears from the big bangs). All of which is part of the enjoyment. However, there are occasions when things do go wrong because the organisers have failed to ensure all safety procedures are adhered to.
It is in this situation that you may have a claim for personal injury.
Do I have a claim?
Not all incidences give rise to a personal injury claim, especially when all guidelines have been adhered to as sometimes things go wrong without it being anyone’s fault.
To establish whether you have a claim for personal injury, you must be able to show:
- That you were owed a duty of care by the event organisers;
- That they breached their duty of care by acting in a manner no other organiser would have;
- That you have suffered a loss or an injury as a direct result of those failings; and
- The extent of the injuries.
You must be able to show all of these elements. If you cannot show any one of these points, then unfortunately the whole claim will fail.
As the Claimant the onus is on you to prove your claim on the balance of probabilities. We can help you do this by gathering evidence from the event organiser, requesting any medical records regarding any treatment you received as a result and arranging for a medico-legal expert to establish the extent of your injuries and you likely future needs.
What Next?
Our team at Brewer Harding & Rowe Solicitors are able to assess your claim in a free initial case assessment. This is usually conducted by a telephone call or email.
We are able to assist anyone who is concerned about an injury sustained at any public event within England and Wales, be it a firework display or other public event.
If you think that you or a loved one may have a potential claim, or you are unsure, do not hesitate to contact our Dispute Resolution Team based in our Barnstaple office.
In the majority of these cases we are often able to fund the claim on a ‘no win, no fee’ basis. We are able to put in place After the Event Indemnity Insurance to minimise the risks of pursuing a litigation claim.
We understand that taking the step to contact a law firm can be difficult and we aim to make the process as easy as possible for you. We will listen to your concerns with sympathy and compassion and guide you as to the best way forward for you or your loved one.
or call one of our offices:
Barnstaple - 01271 342271
Bideford - 01237 472666
Braunton - 01271 812033