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Almost 1,000 people throughout the UK were injured by fireworks last year* and as preparations for this year’s Bonfire Night celebrations get under way, the personal injury team at West Midlands law firm Challinors has issued some timely advice for those staging or attending events. Partner at Challinors, Paul Debney, comments: “The last thing on anyone’s mind when they’re heading off to a local fireworks display or organising their own back garden event is the possibility of being injured; and yet every year at the beginning of November there are literally hundreds of incidents which lead to people being injured by fireworks. However, there are several steps you can take to minimise the risk of becoming a statistic and to ensure that if you do become a victim, you are able to make a personal injury claim.

“In the first instance it is imperative that you always purchase fireworks marked with the safety standard BS 7114. It is also sensible to stick to established, reputable outlets – not one of the many temporary shops that will be closed after the 5 November. As an additional safeguard, keep your receipt as this will be useful in proving liability if the fireworks are faulty and are manufactured abroad – a situation that would otherwise make it more difficult to claim compensation. “If you have invited friends and family to visit over the weekend, bear in mind that you may be liable if anyone is injured in your home or garden and could be therefore be sued, so always follow the Firework Safety Code and proceed with caution. Last year’s statistics show that almost half of those injured by fireworks were at a family or private party, which sends a clear message that care really needs to be taken at such informal get-togethers.

“You are on much safer ground if you attend a public organised display, as it is likely the organiser will have employed qualified professionals and in the event of any injuries occurring, the organiser will probably have public liability insurance. The majority of these events are family friendly and, as they are Council-run, they are relatively inexpensive to attend.

“The grey area is the firework display at the Scout Hut, the school playing field, the village hall or any other semi-public display, as the safety standards at these gatherings can vary greatly from one event to another. As there is no hard and fast rule, it simply pays to take responsibility for your own safety and that of your family and then all that remains is to have a good time.”

“No-one ever imagines anything is going to go wrong when they set about booking a holiday, but sometimes accidents occur and the resulting claims are often more easily dealt with in the English courts. Legal systems in other countries can be very different to the British personal injury system and are unlikely to operate on a ‘no-win no-fee’ basis. Add to this the language barrier and it is easy to see why these issues are better tackled back home.”

Mr Debney offers holidaymakers advice on how to deal with the situation when things do go wrong. He continued: “To support any claim you might be making if you are injured abroad, it is really important to gather evidence, either by taking photos or video footage, or even using the camera on a mobile phone. Witnesses are also useful and it is crucial to report any problems immediately as waiting until you get back to the UK can prove detrimental. Finally, always seek medical advice and act on this accordingly.”

Paul Debney
Challionors Solicitors

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