COMMENTARY BY SAM SPITAL, SAN DIEGO PERSONAL INJURY ATTORNEY:
“The ABC Channel 10 online edition on January 31, 2013 reported three boys, two who were age 15 and a third who was 17 years old, were all hospitalized due to injuries they each sustained when they were playing with fireworks that exploded. The three teenagers had to be treated for facial, arm and leg injuries after they were flown to neighboring hospitals from Encinitas, a tony North County city.
While fireworks are illegal in many cities and states, it is unclear whether there was any parent at home at the time. Each year around July 4tth, there are similar stories of children, teens and adults who have been seriously injured when lighting various types of fireworks, and that is certainly the primary reason they have been outlawed. However, being close to Tijuana and other parts of Mexico makes it much easier for fireworks to be taken (illegally) across the border and brought into San Diego. One business that was started over 30 years ago is Phantom Fireworks. They have over 1,200 locations throughout the United States and is also known to supply fireworks on the 4th of July to numerous retail chains http://www.fireworks.com/locations/
It is estimated that about 2,000 individuals sustain eye injuries in the United States due to fireworks each year. According to the most recent data from the U.S. Consumer Product Safety Commission in 2011, there were approximately 10,000 individuals who were treated in hospitals due to injuries from using &/or lighting fireworks. Nonetheless, in some cities in the United States it continues to be legal to purchase and use fireworks as long as a permit is obtained by the municipality. Regardless, personal injury attorneys have filed various lawsuits from time to time against the manufacturer of fireworks as well as the sellers; yet, this does not seem to have a huge impact on the manufacturing, distribution and sale that continues year after year. Many cities help sponsor shows, however, in an effort to curb the improper or unlawful use or display fireworks.”