Halfway through a Fourth of July fireworks show, the operators fired a three-shell round of 5″ shells. Two of the three shells detonated in the air. The third shell, weighing approximately three pounds, did not detonate, fell from 200 feet above the crowd, and struck our client in the face. Although he was not breathing when his wife reached him seconds later, he survived to endure the loss of his left eye, extensive facial and dental reconstruction, and cognitive impairment.
The organizers of the event, who fired the shells, had violated industry standards by seating viewers too close to the firing site. Had the viewers been contained at the industry-recommended distance for the size of the shells being fired, our client would not have been injured. This case was settled at mediation.
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