NORTH COUNTY TIMES reporter Sarah Gordon reported that four people were injured, during the annual Fourth of July firework show at Bradley Park in San Marcos, on Monday. An errant firework shot sideways into a crowd of spectators who were watching the show. One man was taken to Palomar Medical Center for treatment for burns and three others were treated at the scene for minor injuries, said Jenny Peterson a spokeswoman for the city. Pyro Spectacular, one of the largest and oldest fireworks producers who had been putting on the show for the city for the last four years without incident, has had no comment so far. The city has hosted the show with the support from community donations for twenty-five years without any major incidents, said Peterson.
Applicable California Law
As a general rule government entities are not responsible for the acts of independent contractors, unless it involves a duty that can not be delegated. In this particular instance the city would most likely be immune from liability. However, if the injuries are severe enough, a timely claim should be filed with the city to preserve any potential claims, if any. With regard to Pyro Spectacular, generally the city would require adequate insurance coverage and or bond to cover any damage or injuries. Although the incident is still under investigation, even if the exact cause of the accident is never determined, the legal concept of res ipsa loquitur, latin for the thing speaks for itself, would create a rebuttable presumption of negligence . This rule of evidence states that the elements of duty of care and breach can be sometimes inferred from the very nature of the accident, even without direct evidence of how any defendant behaved. If the required elements can be proven Pyro Spectacular would be responsible for the damages.
Independence Day like most major holidays brings people together to celebrate. Large gatherings, people traveling and partying usually results in higher incidents of auto accidents, premises accidents or other mishaps. Serious accidental injuries require the advice of an experienced personal injury attorney.