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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son was injured during a fireworks display show put on for

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My son was injured during a fireworks display show put on for a small community where we live. 3 rockets tipped over when they lit up and shot into the crowd, 1 whizzed by another group of children, the other past my husband and the 3rd hit my son's hand. It burned through his glove and the cuff of his jacket, and he suffered a 2nd degree burn as a result. They had no first aid whatsoever, and we were just told by other people there to run it under cold water and put some cream on, despite his palm already having a grey charred tint. We had to run back to our house to put his hand under cold water whilst we called for help.
In the end, my son had to be sent to another hospital, one that specializes in burns because our local hospital felt they could not treat him adequately enough. We had to keep going back to this hospital every 2-3 days for 10 days to have his hand treated and his dressings changed. Every time this was excruciatingly painful for my 3 year old son and for us as parents to watch.
Needless to say he now trembles with fear and starts screaming whenever he hears a firework or anything resembling it. This was supposed to be the first time he has ever seen a fireworks display and it was supposed to be a wonderful night out creating happy memories for him, instead it turned into a horror show and he will most likely have an extreme fear of them for the rest of his life.
We complained to the company (the resident's association) about what happened and how disgusted we were that no one had come to apologise and to discuss what went wrong and how they could have allowed such a shambles to go on ( since researching fireworks displays, we have realised the distances were not adhered to and the public spot used was by no means big enough or suitable).
We were met with an apology but an absolute refusal for anyone to take responsibility and denying it was there problem and instead blaming another association.
The only thing they are interested in is if we will take things further and sue them- I say this because the 2 times they have come to see us is just to see if our son is in pain and still traumatised and they keep asking if we have decided to take things further.
I would like to know where we stand with this legally. I have not reported this to the police because I am unsure if this lies within the criminal realm or civil.
Any advice would be appreciated.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is it you want to achieve?

Alex Watts :

Do you want to sue?

Alex Watts :

How much do you want to get?

Customer:

I want to know if firstly, this is something I need to report to the police and secondly, I do want to sue but the monetary side is of no real interest to us.

Customer:

We would want to sue out of principle , as a way to hold them accountable for what happened.

Alex Watts :

No, its nothing to do with the Police.

Alex Watts :

This is a civil matter.

Alex Watts :

The Health and Safety Executive may need to be informed, but not the Police

Customer:

Ok, I thought so regarding this being a civil matter, I just wanted to make sure as some friends have asked why we haven't reported this to the police yet seeing as our son got hurt.

Alex Watts :

Indeed.

Customer:

aside from using injury lawyers, how would we go about suing them? would we need to submit the hospital records and pictures to court? do we need to put down a value that we are requesting or would that decided by the court?

Alex Watts :

Yes you would need all sorts of evidence.

Alex Watts :

But for a personal injury claim any PI lawyer would do that for you

Alex Watts :

They would get all the details and evidence.

Alex Watts :

Does that help?

Customer:

would we not be able to do it ourselves?

Alex Watts :

No. There are Court rules and procedures to follow

Alex Watts :

Because if you lose you would be liable for the costs of the other side

Customer:

ok, so by using lawyers, if we were to lose, we wouldn't be liable for the other side's cost?

Alex Watts :

No, because you would have after the event insurers

Customer:

ok, although I would have thought we would not lose seeing as it is very much cut and dry? From what you've been told so far, do you think this is not the case?

Alex Watts :

Court is never certain, but based on what you have said, I think you have a case.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-y9k7v0fp- :

Just one thing, how long would the process likely take?

Alex Watts :

6 months from when proceedings are issued.

Customer:

ok. Thank you.

Alex Watts :

Can I clarify anything else for you?

Customer:

no that's it. You've clarified all I needed to know.

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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