Allen Ray McGrew passed away on the Fourth of July after he placed a lit firework on his head during a party.
The McGrews were holding a Fourth of July neighborhood block party for Hunter McGrew’s, their son, engagement. Allen McGrew said the party would be the last time he would be drinking in a while. Allen McGrew was wearing a stars and stripes Uncle Sam outfit and holding a firework over his top hat. McGrew placed a lit firework on his head. Bystanders attempted to stop him, but not before the firecracker erupted. Allen McGrew was pounced dead at the scene once authorities arrived. The coroners reported that his death was the result of “massive head injuries.”
While the fireworks Allen McGrew was using is legal, there have also been warnings surrounding illegal fireworks. Fire Departments have warned residents not to set off fireworks themselves because of the danger posed, including wildfires. Such injuries can lead to loss of fingers and hands. These types of injuries are irreparable and life-changing, if not life-ending such as with Allen McGrew.
A company can only be responsible for an injury caused by its product if the product was defectively designed, manufactured incorrectly, or the company failed to provide adequate warning about the dangers involved in using the product. A firecracker is designed to explode; it would only be defective if it didn’t detonate.
The only viable way that the firework’s manufacturer could be responsible is if it failed to warn about the dangers of using a firecracker. Generally, the manufacturer’s duty to warn arises when:
• The product is in some way dangerous;
• The manufacturer knows or should be aware of the danger;
• The danger arises when the product is used in an expected manner;
• The danger is not obvious to the user. The manufacturer must provide a warning that adequately instructs consumers of the dangers posed by the typical use of the product. The warning must be “adequate” and instruct a consumer on how to safely use the product.
Allen McGrew was not using the firework in an expected manner. It is commonly known that a firework is meant to be shot into the sky and will explode a short time after it is lit. McGrew knowingly placed an explosive on his head while others were attempting to stop him. He was in his forties and had likely attended many fireworks shows or perhaps seen them on television. Despite the obvious danger that a firework is essentially a ticking time bomb, McGrew placed it on his head anyway. No amount of warning could have saved him, especially since his loved
ones were attempting to warn him moments before the tragedy. Sometimes the only one responsible is the person who had a lapse in judgment.
Do I Need the Help of a Personal Injury Attorney?
If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.