Discharging Illegal Fireworks, Liability for Injuries
Unfortunately, every Fourth-of-July we hear about accidents involving fireworks, and this year was no different. In Guilford, CT a man lost two fingers and a thumb as a result of illegal fireworks, according to police. A question was posed to me this week about liability involving fireworks in Connecticut. I was asked: "who would be responsible for injuries resulting from the illegal discharge of fireworks?"
The Courts in Connecticut recognize the doctrine of strict liability for dangerous activities and imposes it in limited circumstances. In strict liability cases, just as in negligence, a defendant’s activity must be the proximate cause, or the actual cause that is a substantial factor in the claimed harm, thereby causing the injury.
In Connecticut, strict liability was originally reserved for ultra-hazardous activities such as blasting and explosives. This category was later extended to pile driving and experiments involving highly volatile chemicals. In 2000, the case of Lipka v. DiLungo extended strict liability to the illegal discharge of fireworks.
In a strict liability case, the Plaintiff is not required to establish that his loss was caused by the Defendant’s negligence . It is sufficient to merely show that the Defendant engaged in an ultra-hazardous activity that caused the Plaintiff’s loss.
The Connecticut Supreme Court in Caporale v. C. W. Blakeslee & Sons, Inc. stated that in order to impose liability without fault, the following factors had to be present:
An instrumentality capable of producing harm; Circumstances and conditions in its use which, irrespective of lawful purpose or due care, involve a risk of probable injury to such a degree that the activity fairly can be said to be intrinsically dangerous to the person or property of others; and A causal relation between the activity and the injury for which damages are claimed.So, if someone is injured through the illegal discharge of fireworks then liability would attach to the Defendant by virtue of strict liability.
Richard P. Hastings is a Connecticut personal injury lawyer at Hastings, Cohan & Walsh, LLP, with offices throughout the state. A graduate of Fordham Law School, he has been named a Connecticut Super Lawyer and is the author of the books: "The Crash Course on Child Injury Claims"; "The Crash Course on Personal Injury Claims in Connecticut" and "The Crash Course on Motorcycle Accidents." He can be reached at 1(888)CTLAW-00 or by visiting www.hcwlaw.com .
Fireworks In Ct - News
Photo: WTNH, Contributed Photo / Connecticut Post Contributed A Fairfield man was charged on Friday, July 1, 2011 with 141 counts of illegal possession of explosive devices for possessing and attempting to sell illegal fireworks out of a storage
The program will feature skydivers, torch lighting, fireworks and a fan festival with interactive kiosks from the New Britain Rock Cats and the Connecticut Whale, and free hot air balloon rides, weather permitting. The fan festival is 5:45 to 7 pm and
In Guilford, CT a man lost two fingers and a thumb as a result of illegal fireworks, according to police. A question was posed to me this week about liability involving fireworks in Connecticut. I was asked: "who would be responsible for injuries
Fireworks would be at the Diamond and also in front of the Bush House. The Hon. CT Alexander would be the Orator for the day. James H. Rankin, Esq. read the Declaration of Independence. Large paper balloons were sent up in the sky.
Winona and Rod Myers of 5741 Kiowa Plains Ct., Udall, told commissioners that on Saturday and Sunday nights, a neighbor shot off large, loud fireworks past the city's cutoff time of 10 pm The fireworks were set off about 15 feet from the Myers's
Fireworks Assault Case Goes to Mediation - Westport, CT Patch
The case against a Westport couple accused of assaulting a female Parks and Recreation employee who was directing post-fireworks traffic at Compo Beach will go to mediation, a judge has ruled.
According to a report on WestportNow.com, Judge Bruce Hudock granted Martin and Arlene Yolles’ request for mediation, which could lead to the charges against them being nullified, during their scheduled appearance in Norwalk Superior Court on Friday.
Martin Yolles, 68, and Arlene Yolles, 66, both of 24 Richmondville Ave., were arrested following the incident, which occurred following Westport’s fireworks show on July 1.
As per the original police report on Patch , Arlene Yolles, a Ridgefield middle school math teacher, was charged with reckless driving after she allegedly bumped her car four times into the legs of Lauren Casey, 19, a Parks & Recreation employee who was directing traffic during the fireworks display. Casey was not injured in the incident.
In addition Martin Yolles was charged with breach of peace after he allegedly got out of the car, in which he was a passenger, and shoved Casey — apparently out of frustration because the Yolles’ felt Casey wasn’t doing a good job of directing traffic.
The Yolles’ were arrested after their car was stopped a short distance away, shortly after the incident took place.
Mediation means the case will essentially be settled out of court, providing the defendant, Casey, is satisfied with the result. In most mediation cases, apologies are made and restitution for damages is offered to the defendant(s), in exchange for which the charges are dropped.
The mediation process in the Yolles’ case is scheduled to begin August 11, according to the WestportNow report.
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RT @: You have 1 hour to make it to Babe Blanchette Field in Baltic, CT for a huge fireworks show! :)
You have 1 hour to make it to Babe Blanchette Field in Baltic, CT for a huge fireworks show! :)
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