Risarcimento danni

Damage from fireworks, who pays compensation?

New Year's Eve celebrations caused thousands of damages, with an exorbitant number of injuries (and some deaths) and fires.
Many people have suffered significant physical injuries, so much so that some fingers, if not the entire limb, have been amputated.
There have even been deaths, although the causal link with the bangs has not yet been established for some deaths.
Without a doubt the animals will also have suffered badly due to the explosions, but for the moment we do not know any official data that tells us the facts.
Not to mention the damage to objects, less serious than health, but still a big inconvenience for the owners, especially from an economic point of view.
There is every reason to think about seeking compensation for damages, but sometimes it is not so simple to identify all the responsibilities involved and therefore who should pay.
Here are the criteria set by the law, anticipating that the behavior of the offended person (or victim) can make a huge difference.
New Year's Eve 2024, damage from fireworks The most recent data on New Year's Eve 2024 report 274 injuries (262 from fireworks and 12 from firearms), of which 64 are minors.
Not only is there a serious worsening compared to last year in the number of injuries, but also in their severity: 2 cases with a prognosis of more than 40 days for gunshot wounds (against 1 case on New Year's Eve 2023) and 25 cases with a prognosis of more than 40 days for fireworks, compared to 10 cases last year.
A woman died after being hit by a bullet in Afragola, investigations are ongoing.
The damage was also serious in terms of fires, which required massive interventions by firefighters from all over Italy.
A dramatic balance sheet, with 2024 starting in the worst possible way.
Obviously there are various criminal responsibilities to be taken into consideration, for which all the people who have fired fireworks in an imprudent manner and especially those who have used firearms will have to answer.
There are many possible crimes and will be explored further by the investigations, which will be followed by trials.
Meanwhile, various compensations are also expected to be due to anyone who has been injured or has had their property damaged through no fault of their own.
read also Fireworks prohibited on New Year's Eve, where and what you risk Compensation for New Year's damages, who must pay Even without delving into the legislation precisely, it is obvious that the compensation must be paid by whoever caused the financial and non-economic damage.
Therefore, the manufacturing company can be called into question if it is attributable to malfunctions (production defects, incorrect instructions, lack of caution in the information).
compensation is then due from those who used the fireworks improperly.
In particular, since this is a dangerous activity, a presumption of guilt is created.
The injured person must only demonstrate the connection between the activity and the damage, while the person who used the fires can only exonerate themselves by showing that they took all precautions to avoid damage.
Considering the various bans placed by the Municipalities and the crime of dangerous ignitions and explosions – which prohibits fireworks in inhabited places, in their vicinity, in public streets or in their direction – there is an automatic imprudence of anyone who has violated the rules.
Furthermore, the responsibility of the administration which authorized the barrels without adopting the correct precautions is not excluded.
All these subjects are required to compensate for the damage caused, naturally depending on the fault.
An extremely important issue is the contributory negligence of the injured party, in the event that he or she acted imprudently and contributed to the damages suffered.
This is not the case of anyone who has suffered fires or gunshots while celebrating in their home, obviously, but of those who have used the bangs improperly and been injured or ruined objects.
We remind you that for minors, parents who – and if – have not correctly monitored their children's behavior can be asked to compensate for the damage.
Finally, compensation is excluded only when the damage is unforeseeable and due to fortuitous circumstances.
Rarely interesting circumstance regarding fireworks and firearms, potentially dangerous activities in nature that require caution.
read also Illegal fireworks, how to recognize them? What damages can be compensated? Without a doubt, all financial damages must be compensated, including those caused to objects and medical expenses for the care of people and animals.
With regard to animals, then, jurisprudence recognizes the affection between owners and pets, recognizing the right to compensation in the event of injury or death of the animal.
Then there are non-pecuniary damages, all those damages caused to people's rights and which must be compensated (possibly to the heirs).
Then there are all the criminal consequences of the case, which depend on the situation.
read also Is compensation for damages passed on to the heirs?

Author: Hermes A.I.

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