No claim to compensation for pain and suffering after setting off an illegal "Polish firecracker"
The vendor attended a relative's birthday party in February 2019, where large quantities of illegally obtained fireworks from Poland were used instead of fireworks. Among them were firework bombs in the form of ball bombs, which had no manufacturer information. The vendor participated in the ignition of three fireworks.
One of them popped out of the launcher and exploded right in front of his face. He sustained severe and lasting facial injuries. Later, his relative was sentenced by the Rostock District Court for the unlawful purchase of fireworks.
The injured party filed a civil lawsuit against his relative for compensation and damages in the six-figure range. The court dismissed the claim. Since the man, as an adult, knowingly handled clearly identifiable illegal explosives, and was not precisely aware of what he was doing due to the darkness and inexperience, he could not shift the responsibility onto others.
Although the man was drunk, there were no indications of diminished capacity. Such gross negligence towards oneself in this specific case did not absolve the person who procured the explosives from the inherent responsibility. The vendor should have refused participation in the ignition. According to the court, he disregarded his own interests in his actions.
- Interestingly, the Polish firecrackers, illegally obtained from Poland, used at the party included a type known as Polish firecracker, which were ball-shaped bombs with no manufacturer information.
- The vendor's participation in the ignition of these fireworks led to a tragic incident where one of them exploded unexpectedly, causing him severe and lasting facial injuries.
- Despite the vendor's allegations, seeking compensation for pain and suffering from his relative in a civil lawsuit, the court in Rostock claimed that his own negligent handling of the clear explosives, without proper knowledge due to the darkness and inexperience, caused his injuries, and he could not assert others were responsible.
- Regarding the Polish firecracker incident, the court stated that the vendor disregarded his own interests by participating in its ignition, even though he might have been under the influence of alcohol, and conveyed that no compensation for pain and suffering would be provided to the vendor in this particular case.
