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EXPLOSIVE LEGAL MATTERS:  FIREWORKS LAWSUIT INSIGHTS, by David Stern

Jul 02, 2024
 - ASK LLP - ASK LLP

13131 Imports has announced a recall of Red Apple Fireworks Brand “American Glory” and “‘Merica AF” Fireworks. This recall is due to the risk of premature explosions, which pose significant hazards of burns and injuries to users and bystanders. Additionally, these fireworks are in violation of federal firework safety standards, prompting the need for this recall. If you have these fireworks, it’s advised to stop using them immediately and contact the retailer for further instructions on how to return or dispose of them safely.

Our team of attorneys is currently investigating claims that Red Apple Fireworks Brand American Glory and ‘Merica AF Fireworks can explode prematurely, posing explosion and burn hazards to users and bystanders.

WHAT WE KNOW ABOUT RED APPLE FIREWORKS BRAND AMERICAN GLORY AND ‘MERICA AF FIREWORKS

Red Apple Fireworks

Red Apple Fireworks is a well-known brand in the fireworks industry, often noted for their colorful and vibrant displays. Legal issues surrounding Red Apple Fireworks typically involve safety concerns.

American Glory

American Glory is another fireworks brand that could potentially face legal challenges. These lawsuits could stem from product liability claims, where consumers allege that the fireworks did not function as advertised, leading to injuries or property damage.

‘Merica AF

‘Merica AF, known for its patriotic-themed fireworks, could also face potential lawsuits. The nature of these lawsuits could be similar to those of other fireworks companies, involving claims of defective products, inadequate safety warnings, or accidents resulting from their use.

The Recall 

Red Apple Fireworks Brand American Glory and ‘Merica AF Fireworks were sold for recreational use. These recalled fireworks were manufactured by Liuyang Xiaohe Fireworks Manufacturing Co, of China and sold by Apple Fireworks in Valdosta, GA; Flint, MI, Pahrump, NV, and online at http://www.redapplefireworks.comfrom April 2023 through July 2023. 

On August 10, 2023, the US Consumer Products Safety Commission (CPSC) issued a recall, warning that American Glory and ‘Merica AF Fireworks can explode prematurely, posing explosion and burn risks to consumers and bystanders. 

According to CPSC, “this recall involves two different Red Apple Fireworks reloadable tube artillery shell fireworks.” The first recalled firework is the “American Glory,” which “contains 24 shells and was sold in red, white and blue packaging featuring a cartoon depiction of an eagle.” The second recalled firework is the “’Merica AF,” which “contains six shells and was sold in red, white and blue packaging featuring a cartoon representation of the Statue of Liberty, a hotdog, a popsicle, or an eagle.”  So far, “there have been 72 reports of fireworks prematurely exploding.” Thankfully, there have been no reports of injuries from the Red Apple Fireworks recall so far. 

FIREWORK INJURIES ARE ON THE RISE

According to https://www.cpsc.gov/Safety-Education/Safety-Education-Centers/Fireworks firework injuries are a growing problem in the US. CPSC data reveals some troubling facts about firework injuries in the US:

  •       From 2008-2023, injuries from fireworks increased 
  •       In 2023, CPSC received reports of ≈ 9,700 fireworks injuries
  •       In 2023, CPSC received reports of 8 fireworks deaths, 2 of which were associated with a firework malfunction
  •       Fireworks most commonly injure hands and fingers (≈ 35%) followed by head, face, and ears (≈22%)
  •       In fiscal year 2023, ≈18% of selected and tested fireworks products were found to contain noncompliant components, including fuse violations, the presence of prohibited chemicals and pyrotechnic materials overload. 

Simply put, fireworks are an American 4th of July tradition. But sometimes these products can malfunction, injuring you through no fault of your own. 

Common Issues in Fireworks Lawsuits

  1. Product Liability: Claims that the fireworks were defective and caused injury or damage.
  2. Negligence: Allegations that the company failed to provide adequate warnings or instructions.
  3. Regulatory Compliance: Issues related to the violation of federal or state regulations governing the sale and use of fireworks.

WHY YOU SHOULD CHOOSE ASK LLP?

Choosing the right legal representation for fireworks-related lawsuits is crucial for achieving a favorable outcome.  When you get hurt by a defective product, you may not know what to do. After all, fireworks are supposed to be all fun and games. We are here to help. Our experienced legal team has a strong track record of fighting—and winning—against powerful companies. If you hire us, know that we will fight tirelessly to get you the best possible result.