Posted On: July 30, 2009

Chicago area porch collapse injures 11 in second serious incident this month

Eleven people were injured after a porch railing gave way overnight in Calumet Park in the second serious case this month of a Chicago porch collapse.

In this incident, four people plunged 15 feet after the railing collpased about 10 p.m. Monday in the 12400 block of South Ashland Avenue, according to WBBM News Radio.

Calumet Park Fire Chief Tom Battistella said two victims were unconscious following the fall and were taken to Advocate Christ Medical Center in Oak Lawn. Another two people were taken to Metro South Medical Center in Blue Island. Seven people refused treatment, Battistella said.

Sixteen remaining residents were evacuated from the building following an early inspection, according to WGNTV News.

"We have some porches that are in question. The building department already found some faults," Battistella said. "For the safety of the residents we decided to shut it down so no one will get hurt."

Battistella said village officials are trying to contact the owners of the three building apartment complex, which he said he believes are in foreclosure.

Those injured will have a good claim against the landlord and/or owner, and the building's liability insurance, if the buildings were insured.

Just two weeks ago on this blog, Chicago premise liability attorneys and personal injury and wrongful death lawyers wrote about the dangers of collapsing porches and stairwells in aging Chicago buildings. A tragic Lincoln Park collapse six years ago killed 13 people and prompted building inspectors to crack down on negligent property owners and landlords.

However, a Chicago Tribune investigation published earlier this month revealed that increased enforcement may have waned amid 700 complaints of faulty porches submitted to the city so far this year.

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Posted On: July 28, 2009

American Idol contestant killed in hit-and-run pedestrian accident

In Seaside Heights, New Jersey, a well known American Idol contestant, Alexis Cohen, was killed over the weekend in a pedestrian vs. car accident, according to MSNBC. The man who hit her fled the scene and was later caught by police. Cohen's body was found in the street after the collision.

CBS News is reporting that Cohen, age 24, sustained abdomen, chest and head injuries after she was struck by the car early Saturday.

The person who allegedly hit her, Daniel Bark, age 23, has been charged with leaving the scene of an accident and reckless driving. He was arrested on Sunday in New Jersey and is being held on $35,000 bail. If found guilty, he could receive up to 15 years in prison.

Cohen was not known for her vocals, but for her audition antics. She lost her temper after she was rejected by the judges, and Simon Cowell said she was "a bit possessed" like she was channeling voices. Click here to see her audition from American Idol Season 7.

See also Arrest Made in Hit-and-Run Death of Ex-'American Idol' Contestant as reported by Fox News.

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Posted On: July 26, 2009

Catholic Church pays $3.9 million to settle Chicago sex-abuse claims

Six surviving victims of sexual abuse by priests will receive portions of a $3.9 million settlement paid by the Roman Catholic Archdiocese of Chicago, the New York Times reported.

As part of this latest settlement, the archdiocese also released a bishop's deposition, which detailed the church's failure to report the crimes in an effort to keep them secret.

Auxiliary Bishop Emeritus Raymond E. Goedert, formerly the second-highest ranking official in the Catholic Church of Chicago, admitted that he knew 25 priests broke the law by sexually abusing children but did not report them, according the the Chicago Sun-Times.

"I knew the civil law considered it a crime," Goedert said in the deposition. "But I'm not a civil lawyer. We knew it was wrong, what was done. (But) I simply would not talk about it to anyone except those who had a right to know because of their position in the diocese."

The abuse happened between 1970 and 1986 and the church noted that the priests involved were all removed from ministry by 1991.

The deposition shows how "deeply ingrained secrecy" is in this archdiocese, Barbara Dorris, the outreach director of the Survivors Network of those Abused by Priests, said in a statement. "That confidentiality allowed the archdiocese to move serial predators from parish to parish without congregations' knowledge about child-abuse allegations," she said.

The settlement documents including Goedert's deposition and a list of priests with sustained allegations of abuse are posted at bishop-accountability.org.

The Roman Catholic Archdiocese of Chicago paid more than $15.8 million in legal settlements related to sexual abuse last year, amounting to $80.2 million in claims from June 2001 to June 2008, according to the Chicago Tribune.

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Posted On: July 24, 2009

Chicago UPS worker shot on the job

Police continue to investigate the shooting of a UPS driver Tuesday morning in Chicago's Englewood community on the South Side, according to the Sun-Times.

Detectives are interviewing witnesses and questioning a person of interest after two men approached the truck at about 9:50 a.m. Tuesday and told the UPS employee to drive away with them, according to a police statement.

The Chicago Breaking News Center is reporting police have taken one suspect into custody since the incident, which took place on the 6500 block of South Hermitage Avenue, according to Chicago Police Officer Gabrielle Lesniak, who said the driver is expected to recover.

Media accounts differ on what occurred. The Sun-Times is reporting that the 28-year-old driver refused, exited the truck and was shot in the back as he tried to run away. However, another report indicates that detectives have now determined the UPS worker drove away from the house before being stopped a short distance later and shot in the back during an attempted robbery.

The fire department reported the man was taken in critical condition to Advocate Christ Medical Center in Oak Lawn, where he had surgery and remains in critical condition. Police have been unable to speak with him.

In this type of situation a Chicago workers' compensation lawyer can assist the employee and his family with a work injury case which will compensate the driver for being injured on the job, including payment of medical expenses, lost wages, and a bodily injury settlement.

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Posted On: July 22, 2009

Worker falls 25 feet into tank in Chicago work accident

A Chicago area worker was injured when he fell 25-feet to the bottom of an empty tank at the Stickney Water Reclamation Plant Tuesday afternoon, according to the Chicago Breaking News Center.

The male worker was apparently sandblasting a section of tank when he fell into the empty tank. He was alert and conscious when rescued. Co-workers noticed the accident and called for help about 1:45 p.m., according to Stickney Fire Chief Larry Meyer.

A team of firefighters used ladders to rescue the worker from the tank and he was taken to Mount Sanai Hospital in Chicago with undisclosed injuries.

A spokesperson from the Metropolitan Water Reclamation District of Greater Chicago had not responded to inquiries from the media.

Employees who are injured on the job are entitled to proper medical treatment, disability pay while off work, and a bodily injury settlement, depending on the extent of their injuries. Media reports do not indicate whether the victim was a municipal employee or employed by an outside contractor.

It has not been reported if this was simply an accident or if there were other contributing factors that caused him to fall two-and-a-half stories while on the job.

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Posted On: July 20, 2009

Man's arm severed, four critically injured in car accident that send two cars into Chicago building

A man had his arm severed in a Chicago car accident that critically injured four people and sent two cars crashing into a building early Sunday morning, according to the Chicago Sun-Times.

The Chicago Breaking News Center
reported the man was ejected from the vehicle as a result of the car accident, which was reported at about 4:30 a.m. The accident occurred in the Garfield Ridge neighborhood on the Southwest Side near the intersection of Nagle and Archer Avenues, said Chicago Police News Affairs Officer Laura Kubiak.

The Breaking News Center said five people were injured and two were ejected during the accident, which remained under investigation on Sunday morning.Two people were taken to Loyola University Medical Center in Maywood in critical condition. Two others were taken to Advocate Christ Medical Center in Oak Lawn in critical condition, according to Fire Media Affairs spokesman Quention Curtis, who said two cars went into a building.

A man in his 20s had an arm severed in the crash, Emergency crews were able to locate the arm and transported it to Loyola for emergency surgery. Re-attaching an arm is an incredibly complex process that involves significant chance for failure and often results in decreased mobility and use of the limb even if the surgery is successful. He is going to face significant medical bills, loss of income, pain and suffering and a lengthy rehabilitation process.

The circumstances of the crash remain under investigation. It has not been reported if Chicago car accident lawyers are involved in the case yet.

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Posted On: July 18, 2009

Chicago car accident lawyers continue to monitor debate over red-light cameras

1152453_signal.jpgThe issue of red-light cameras and their ability to reduce car accidents at Chicago-area intersections continues to make news. The Daily Herald is investigating whether the cameras are going up throughout suburbia as an effort to reduce traffic accidents or to raise the most money from unsuspecting drivers.

The Chicago car accident attorneys at Abels & Annes looked at the issue last month, writing on our sister blog, www.chicagocaraccidentlawyersblog.com, that 143 accident-prone Chicago intersections are already equipped with the cameras, with 330 expected to be in place by 2012.

Abels & Annes continues to monitor the issues as more and more accident attorneys seek to use the tapes in court as evidence against negligent driver.

Traffic violations at intersections are one of the leading causes of traffic deaths in this country. According to the National Highway Traffic Safety Administration, there were 6,024 fatalities at stop signs or traffic signals in 2007 and more than 600,000 injuries.

But the Daily Herald investigation is raising more questions about the motivation of placing the cameras throughout suburbia, where at least 84 cameras are now up in 28 North, West and Norhwest suburbs.

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Among the Daily Herald findings:
• Most of the $100 red-light tickets are issued for turning right without coming to a complete stop. Traffic experts question the value of making this such a high priority, since it results in few serious accidents.

• A number of towns want to put cameras at intersections that don't appear to have a problem with red-light related crashes. In some cases, cameras are now at intersections that have only one or two crashes a year linked to red-light violations.

• The appeals process used across the suburbs is so varied, the Daily Herald found some towns have never thrown out a ticket while others reverse up to a quarter of all those contested.

• The focus on right-turn violations and low-crash sites not only calls into question the motive for placing cameras, but also undermines efforts to determine if they are actually working to improve safety.

Meanwhile, Marcie Schatz, Naperville's transportation, engineering and development director, wrote in the Naperville Sun that the cameras in that community are being installed with the sole purpose of reducing accidents at problem intersections.

Schatz acknowledged some of the controversy stems from the fact that 1 in 3 motorists are against the use of cameras to enforce traffic laws.

785735_traffic_lights_at_sunset_1.jpgNaperville currently has one red-light camera and is considering the installation of two additional camera systems. City officials contend the locations are being selected based on crash statistics and the goal of the program is simply to reduce crashes at accident-prone intersections.

"We have designed our program around reducing the chances that you and your loved ones will end up in the hospital because of an injury-causing crash," Schatz wrote. "Red-light cameras are making a difference in Naperville. They are helping to reduce the number of crashes on city streets, and the data proves it."

Citing the effectiveness of the cameras, Schatz wrote:

• Total crashes are down 13.7 percent from 24.3 to 21

• Angle and turning crashes are down 80 percent from 5 to 1

• Injury crashes are down 46 percent from 3.7 to 2

• Red-light violations are down slightly from a high of 32.61 per day in February to 28.20 in April

• Rear-end collisions are up slightly, from an average of 15.3 to 16 for a four-month period

Meanwhile, in Chicago last month City Council Finance Committee Chairman Edward M. Burke proposed increasing the fine from $100 to $125 and using the extra money to require offenders to complete a "Red Light Education Program."

"Clearly, when you're talking about 27 percent of the six million accidents that occur on U.S. roadways every year occurring at intersections, it would seem to be a move in the right direction," Burke told the Chicago Sun-Times.

Chicago red-light cameras are already installed at 143 accident-prone intersections in the city - with 39 more expected to go up later this year and 330 intersections expected to have cameras by 2012.

The Sun-Times notes that while changing driver behavior is the ultimate goal, the cameras have become a giant cash cow for the city -- generating $44.8 million last year. And earlier this year council was pitched a proposal that claimed $200 million a year could be made by using the cameras with a program that referenced insurance data to hunt down uninsured motorists.

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Posted On: July 16, 2009

Chicago injury lawyers warn of dangers posed by porch collapses

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Chicago authorities have scaled back inspections aimed at preventing deadly porch collapses, according to an article today in the Chicago Tribune.

The Chicago premise liability attorneys and personal injury and wrongful death lawyers at Abels & Annes have handled a number of cases in which clients have been seriously injured by collapsing porches. Chicago's aging buildings and porches neglected by owners and landlords have led to a number of serious and fatal collapses in recent years, including a tragic Lincoln Park collapse six years ago that killed 13 people.

The story points to a very real problem in Chicago. Tenants or guests who are injured by faulty or collapsing porches have a right to compensation. Depending on the situation, responsible parties can include landlords, property owners, condo associations and current residents.

The Tribune reported that, like thousands of porches in Chicago, the rickety landing where Atit Mansuria and Carolina Landeros were chatting hadn't been inspected for years -- since it was built in the mid-1980s. In May, its railing suddenly broke open like a gate, sending them tumbling 20 feet to the concrete alley below. Landeros, 20, fractured her neck, but is now recovering. Mansuria, 27, suffered severe head injuries and remains hospitalized.

The accident was one of 700 complaints phone into the city this year. While city officials say their hard work has reduced the potential threats, a shortage of inspection manpower and a continuing stream of newly reported cases mean that bad porches often are discovered only haphazardly -- and sometimes too late, according to The Tribune.

A scan of the nearly 2,500 complaints phoned in since January 2008 presents a lot of worried tenants and neighbors warning the city about potential injuries.

In several cases, the phoned-in warnings came too late.

According to the city building department, signs to look for include:

Split or rotting wood.
Evidence of water damage.
Loose, rusting or missing hardware or bolts.
Loose or missing anchors where the porch attaches to the building.
Excessive movement of the structure when walked on.
Wobbly handrails or guardrails.

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Posted On: July 14, 2009

Chicago DUI Driver Going Wrong Way Causes Car Accident

In Chicago, Illinois a driver going the wrong way on Interstate 55 has caused a head-on car crash, according to chicagobreakingnews.com. The collision was investigated by the Illinois State Police and the driver, a 25 year old Chicago resident, has been charged with aggravated DUI and driving the wrong way.

The accident occurred early Sunday morning around 6:30 am, and all inbound lanes still remained closed at 8 am, according to the Chicago Sun-Times.

The alleged DUI driver was headed southbound in a Nissan in the northbound lanes when he hit a Lincoln Town Car livery vehicle near Central Avenue. It is being reported that the at fault driver entered the expressway from the wrong entrance ramp.

Three people were injured in the Illinois auto accident and were taken to area hospitals. The most severely injured was a passenger in the defendant's vehicle. At least two of the injured were taken to Loyola Medical Center in Maywood, Illinois.

If the facts as reported are correct, the injured parties, including the passenger in the DUI driver's car, will have an injury claim against the at fault driver.

Click here to view the Illinois Secretary of State's 2009 DUI Fact Book.

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Posted On: July 13, 2009

Six hurt in Chicago accident involving motorcycle and car

Six people were injured in an accident on Sunday night involving a motorcycle and a car, Chicago Breaking News reported.

The Chicago traffic accident in the Humbolt Park neighborhood occurred at Mozart and Division Streets at about 11 p.m., Chicago Police spokesman David Banks told CBS2.

Media reports indicate four people were critically injured in the crash involving a motorcycle and a car.

Five ambulances responded and the four people in critical condition were taken to Mount Sinai Hospital and John H. Stroger Jr. Hospital of Cook County while the other two were taken to Norwegian-American Hospital in stable condition.

No other information has yet been made available, but the location of the accident indicates it may have occurred at an intersection, possibly from someone failing to yield the right of way.

While any motorcycle accident is very serious for motorcycle riders, it is somewhat unusual for motor vehicle passengers to be critically injured in an accident with a motorcycle. It is possible that the car went off the road or struck another object after the colliding with the motorcycle.

Authorities have not reported who was at fault in the accident. It has also not been reported if Chicago car accident lawyers or motorcycle accident attorneys are involved in the case.

Injured passengers will have a claim regardless of which vehicle was at fault, while the rights of the drivers could differ depending on the facts of the accident.

Click here to read our recent motorcycle safety blog.

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Posted On: July 9, 2009

Lincolnwood man dies after hit-and-run Chicago car accident

A 58-year-old Lincolnwood man has died in a Chicago car accident after being rear-ended by a hit-and-run driver Tuesday afternoon on the Kennedy Expressway.

William Nanz, was involved in a crash on the Kennedy Expressway (I-90/94) near North Kostner Avenue and was pronounced dead at 2:49 p.m. Tuesday at Advocate Illinois Masonic Medical Center, according to the Cook County Medical Examiner’s office.

The Chicago Sun-Times reported that Nanz suffered a heart attack following the crash. However, the Chicago Breaking News Center reported the coroner has determined that Nanz died as a result of spinal injuries suffered in the crash.

That report said Nanz had a history of heart disease which the medical examiner's office said contributed to his death, but he died primarily from injuries from the crash, according to results of the completed autopsy.

Nanz was driving north Kennedy when he slowed for traffic and was rear-ended, causing his vehicle to hit the wall, according to Illinois State Police.

The vehicle that rear-ended Nanz reportedly slowed down before striking the vehicle Nanz was driving, but it did not stay on the scene and State Police are investigating the incident as a hit-and-run.

Witnesses reported seeing a black sport-utility vehicle leaving the crash site and state police are investigating whether it was involved in the crash.

In this instance, the family could seek the assistance of a Chicago car accident attorney to file a wrongful death lawsuit against the hit-and-run driver. If the driver is not located, the family could seek compensation through Nanz's own insurance policy by making a hit-and-run claim.

The at-fault driver also faces possible criminal charges for leaving the scene of an accident.

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Posted On: July 7, 2009

Bridge collpase at fireworks show sends at least 16 to the hospital

At least 16 people were hospitalized after a wooden footbridge collapsed at the conclusion of a fireworks celebration at Hidden Lake Park in Merrillville, about 45 minutes south of Chicago.

Media reports were unclear about whether it was a public park. But injured participants could have a premise liability claim against the park owner or the company that provided the fireworks display.

Witnesses described a chaotic scene, estimating that the roughly 90-foot-long bridge was full of people before it fell, according to the Associated Press as reported by Fox News.

While authorities have released few other details, it is possible that event organizers allowed far too many people onto the 90-foot wooden brindge, which collapsed about 10 p.m., just as the grand finale concluded, sending people plummeting into the water below.

A dive team was called in to pull people and items from the water and the investigation continued through the weekend. There were estimates that thousands had attended the annual fireworks display at the park in years past.

"They had to rescue quite a few people," Ross Township firefighter Perry Herzog said in a newspaper account.

Herzog said 16 people were transported to local hospitals for treatment. He said others might have been taken to hospitals by family members.

He did not know the nature of their injuries, and said there were no fatalities in the accident. About 50 emergency vehicles responded to the scene, along with helicopter and dive teams.

Robert Walker, of Merrillville, blamed the collapse on the number of people crossing the bridge.

"It was a mass of confusion," he said. "People were walking across the bridge when it collapsed. People were grasping and hanging onto the bridge itself."

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Posted On: July 4, 2009

Chicago boating accident lawyers caution holiday boaters

573799_river_life_in_chicago_.jpgAbout 5,000 boaters are expected to request some type of on-the-water assistance this holiday weekend as the country braces for the busiest day of the year for recreational boaters, according to the Boat Owners Association of the United States.

The Chicago personal injury and wrongful death attorneys at Abels & Annes urge boaters to follow the proper safety precautions so everyone on the water can have a safe holiday weekend.

Now through Labor Day is the height of boating season in the Chicago area and with it comes the chance for serious accidents. Two people died and a third went missing in separate boating accidents last weekend, according to the Chicago Sun-Times.

A 15-foot fishing boat capsized on the Little Calumet River near East 127th Street and South Michigan Avenue. The Coast Guard found one boater dead and later suspended the search for a second boater believed to be missing.

Several hours later, two people fell off a sailboat in Dusable Harbor at 401 N. Lake Shore Drive, authorities said. Both were rescued but one of the boaters was later pronounced dead at the hospital.

In both cases, high winds were reported in the area.

This holiday weekend, Jack Manley of TowBoatU.S. Chicago advises boaters to keep an eye on fuel-hungry generators as well as battery charge levels, but alcohol and excessive speed after dark are safety issues.

Here are Five Lessons Learned about July 4th boating from the BoatU.S. Foundation for Boating Safety: 762063_fireworks.jpg

1. Plan Ahead: Ensure you have enough fuel; make sure all navigation lights and hand held spotlights are in working order. It's a good idea to check the engine and mechanicals, such as fan belts, battery connections, fuel filters and engine fluids ahead of time. Don't invite more guests aboard than your vessel can safely handle. Keep an ear to the weather forecast on VHF radio.

2. Avoid Alcohol: Combined with the effects of a hot sunny day, alcohol will leave an operator impaired when they can least afford it - navigating at night in heavy boating traffic. It's okay to party - just save it until after you've put the boat to bed and you're back at the dock, homeport or beach (dry land). The captain is also ultimately responsible for everyone's safety aboard.

3. Life Jackets: Ensure kids have the right sized life jacket, and it would be wise to have the crew wear life jackets on the way home after the show. For adults, inflatable life jackets will keep you safe without compromising comfort.

4. Navigation: Know where any security zones exist. Go slow, post extra lookouts, and don't make sudden course changes unless necessary. When departing an anchorage pay attention to other vessel's anchor lines and understand where they lie just below the water's surface. Never take a shortcut home after dark.

5. Chill: Don't let crowded harbors or long boat ramp lines get you down. Simply prepare for a wonderful evening of fireworks, knowing it will take you a while to get safely home. Having lots of patience and giving lots of courtesy will make it memorable.

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Posted On: July 1, 2009

Chicago injury lawyers issue caution regarding fireworks

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The Chicago personal injury lawyers at the Abels & Annes wish you a safe and happy holiday weekend and we urge you to stay safe around fireworks displays this Fourth of July.

While some types of small fireworks are permitted in Illinois, it depends on the regulations in your village or municipality.

Fireworks are divided into two categories:

• consumer fireworks, which include such items as fountains, repeaters and parachutes.

• pyrotechnic displays, which use professional grade fireworks such as mortars, cake bundles, and ground displays that depict a picture.

It's important to note that several well-known types of fireworks, such as firecrackers, bottle rockets and Roman candles, are not allowed in Illinois under the new regulations, according to the Office of the State Fire Marshal.

Novelty fireworks, such as snakes, sparklers, and party-poppers, are not regulated by the state, although municipalities have the authority to enact an ordinance prohibiting the sale and use of sparklers on public property.

While legal, sparklers present a serious danger because of the high temperature of the wire during and after its use. Sparklers burn at temperatures of up to 1,200 degrees Fahrenheit and remain extremely hot long after the sparks have stopped.

Many children are injured each year by sparklers. Children playing with novelty fireworks must be closely supervised by adults to prevent injury.

Visit the OSFM website for information about Illinois fireworks' regulations.

In 2006, 11 people died and more than 9,000 were injured by fireworks, according to the Centers for Disease Control and Prevention, which offers more information about fireworks and fireworks safety. Fireworks can cause blindness, third-degree burns and permanent scarring and are a source of life-threatening residential and motor vehicle fires.

1194538_fireworks_1.jpgMore than 100 people were injured by fireworks in Illinois last year, according to the Associated Press. The Chicago Fire Department reported 18 fireworks-related fires and four injuries.

Your best bet and safest route to seeing great fireworks this weekend is to go to a fireworks show put on by professionals. Even at a professional show, organizers have an obligation to keep burning debris are other material from falling into the crowd and causing injuries.

In Mount Vernon, the fire department is offering fireworks safety courses leading up to the Fourth of July.

“On fireworks safety, one of the biggest things we try to teach is that there is no safe firework out there,” MVFD Assistant Chief Kevin Sargent told the Register-News.

“Fireworks in the U.S. are regulated and the state of Illinois has decided to allow some fireworks. ... We try to teach people what fireworks are legal and illegal and the safety in handling and distance.”

Sargent, who also teaches the classes, said one of the biggest surprises he has noticed many people express during the training is the safety distances.
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“Some fireworks project over 400 feet, and we need to keep spectators away that far so they aren’t injured or hit by debris from falling fireworks,” Sargent said. “... They need to be aware of the weather. Is it windy? The wind will change the direction of fireworks after it has left the shell or tube. Also, everybody thinks since it has rained and rained that a fire can’t start. But it is dry underneath the grass on top, and that can get hit and cause it to burn.”


The National Council on Fireworks Safety offers the following safety tips:

Use fireworks outdoors only.

Obey local laws. If fireworks are not legal where you live, do not use them.

Always have water handy. (A hose or bucket).

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Only use fireworks as intended. Don't try to alter them or combine them.

Never relight a "dud" firework. Wait 20 minutes and then soak it in a bucket of water.

Use common sense. Spectators should keep a safe distance from the shooter and the shooter should wear safety glasses.

Alcohol and fireworks do not mix. Have a "designated shooter."

Only persons over the age of 12 should be allowed to handle sparklers of any type.

Do not ever use homemade fireworks of illegal explosives: They can kill you! Report illegal explosives to the fire or police department in your community.


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