Court: No compensation for illegal firecrackers
Relatives ignite fireworks at a birthday party with illegal firework bodies. One of the participants is suing for damages after one of the rockets seriously injured him. The court pointed to his recklessness and ruled against him.
The Regional Court of Rostock has dismissed damages claims of a plaintiff who was severely injured by firework ignition with illegal firework bodies. In such cases, it is to be assumed that the plaintiff bears predominant fault, as the court stated. A man had participated in the ignition of three rockets at a relative's birthday party in February 2019, despite the darkness and his lack of experience.
The plaintiff had taken part in the ignition of three rockets at a relative's birthday party in February 2019. The relative had obtained the Polish-origin rockets beforehand, which included firework bombs in the form of ball bombs, which had no manufacturer information and were therefore illegal in Germany.
One of the igniters came out of the launcher and exploded right in front of the plaintiff's face. He sustained severe and lasting facial injuries. The relative was later sentenced by the Local Court of Rostock for the unlawful purchase of the rockets to a fine.
No damages for playing with illegal fireworks
Now the injured party filed a lawsuit for damages and compensation in the amount of six figures against his relative. The chamber dismissed the lawsuit. A man, as an adult, who knowingly handles identifiable illegal explosives with the packaging, and through the darkness and inexperience does not exactly know what he is doing, cannot therefore shift the responsibility onto others.
Although the man was drunk, there were no indications of diminished capacity for responsibility. Such gross negligence towards oneself in this specific case relieved the one who had procured the explosive, from the otherwise fundamental responsibility. The plaintiff should have refused participation in the ignition. According to the chamber's view, he disregarded his own interests in his actions.
The plaintiff's lawsuit for damages and compensation, related to his injuries from using illegal firework bombs at a party, was defeated in the International Court of Justice due to his reckless behavior. This ruling emphasizes the importance of adhering to national laws, as the ban on firecrackers and other explosives exists in numerous International Processes to ensure public safety.
