This case arose from a community fireworks display. The cause of this incident was a malfunctioning firework that landed in a crowd of spectators who were allowed to sit within the fall-out zone where they should not have been. The fireworks display was held at a township park.
The incident occurred at the very end of the fireworks display, and was caught on videotape. An investigation conducted by the Township revealed that a 3-inch firework known as a “salute” failed to detonate as intended. The firework landed in the crowd, and then quickly exploded. The blast created a crater approximately 2 feet by 2 feet. The blast was sufficiently violent to melt a plastic water bottle nearby.
The Firm’s client was one of many spectators who were injured by the blast. Our client received extensive treatment for his injuries, including from an ears, nose and throat doctor, a physical therapist, a neurologist, psychologists, and at least one psychiatrist. The injuries included: mild traumatic brain injury; neurosensory hearing loss in the left ear; chronic severe tinnitus; disequilibrium; labyrinthine dysfunction; otalgia of the left ear; post-concussion vestibular dysfunction; concussive noise trauma; and post-traumatic stress disorder (PTSD).
The Firm’s client was awarded the highest settlement of all the injured spectators.