Romeo Deters Secures $3.5 Million Settlement for Child Who Suffered Traumatic Arm Amputation Caused by Defective Consumer Firework

The Charleston personal injury attorneys at Romeo Deters obtained a confidential $3.5 million settlement on behalf of a minor who suffered a traumatic below-the-elbow amputation after a mortar-style consumer firework catastrophically malfunctioned during a holiday celebration.

The case involved complex issues of product liability, defective consumer products, firework safety regulations, and catastrophic personal injury. Following an extensive investigation, Romeo Deters uncovered evidence that the firework contained explosive materials far exceeding federal safety limits.

The incident occurred when the child was holding a mortar tube while attempting to launch a consumer firework. Instead of propelling the shell safely into the air, the shell detonated inside the launch tube. The explosion blew out the bottom of the tube, causing devastating injuries that resulted in the partial amputation of the child's arm below the elbow.

Extensive Investigation Revealed Dangerous Defect

Rather than accepting the incident as a simple misuse of a firework, Romeo Deters launched an extensive investigation to determine whether the product itself was defective.

Attorneys obtained exemplars of the same fireworks from the retail stand where the firework had been purchased and worked with a nationally recognized pyrotechnics expert to conduct a detailed forensic examination. Using specialized equipment at the firm's office, the expert carefully dissected multiple fireworks and discovered that the shells contained approximately 50 times more flash powder than permitted under federal consumer safety regulations. Samples of the explosive composition were then submitted to an independent laboratory for chemical analysis, which confirmed the presence of impermissibly high quantities of flash powder.

Rather than relying solely on witness testimony, Romeo Deters conducted an independent forensic investigation that uncovered a dangerous defect not apparent from the accident scene. The firm's investigation provided critical evidence that the firework being sold to consumers did not comply with federal safety requirements.

"Our investigation showed this was far more than a tragic accident involving the misuse of a consumer firework," said Romeo Deters attorney Chris Romeo. "The evidence established that the product itself contained dangerously excessive amounts of explosive material—far beyond what federal regulations allow. Families have the right to expect that products sold as legal consumer fireworks comply with mandatory safety standards."

Product Liability Claims Despite Firework Misuse

Although the child was holding the mortar tube contrary to the warning label, Romeo Deters argued that the companies responsible for importing and distributing the firework could not rely solely on that warning to avoid responsibility.

The warning advised consumers not to hold the device because doing so could cause serious injury or death. However, the firm contended that the child had no reason to know he was handling a product that exceeded legal explosive limits by an extraordinary margin. Had the firework complied with applicable safety regulations, the resulting injuries would likely have been substantially less severe.

The case illustrates an important principle of South Carolina product liability law: companies that import, distribute, or otherwise place defective consumer products into the marketplace may be held responsible when those products fail to comply with applicable safety standards. While many consumer products are manufactured overseas, importers and distributors that introduce those products into the United States marketplace may also be held accountable when they fail to meet federal safety requirements.

Calculating the Child's Lifetime Needs

To fully evaluate the child's future damages, Romeo Deters worked closely with his treating surgeon and a certified life care planner to prepare a comprehensive assessment of his lifelong medical needs.

The evaluation included the significant costs associated with replacing prosthetic arms throughout his lifetime, ongoing rehabilitation, future medical treatment, and the permanent impact the injury would have on his education, employment opportunities, and daily living.

Following the filing of the lawsuit, the parties engaged in extensive discovery, including numerous witness depositions and expert testimony, as well as depositions of the firework importer and other defendants.

After months of litigation, Romeo Deters negotiated a $3.5 million settlement that will help provide for the child's future prosthetic care, medical treatment, pain and suffering, and permanent impairment caused by the defective consumer firework.

Holding Importers and Distributors Accountable for Dangerous Products

"No amount of money can undo a catastrophic injury like this," Romeo said. "But when companies import and distribute products that fail to comply with federal safety standards, they should be held accountable. Thorough investigation, scientific testing, and experienced product liability litigation are often the key to uncovering what really happened."

The case serves as a reminder that not every firework injury is simply the result of user error. When consumer fireworks contain impermissible amounts of explosive material or otherwise fail to comply with federal safety standards, importers, distributors, retailers, and other companies responsible for placing those products into the marketplace may be legally responsible for the devastating injuries that follow.

For families throughout Charleston, Mount Pleasant, North Charleston, Summerville, the Lowcountry, and across South Carolina, serious injuries caused by defective products may involve complex product liability claims requiring extensive investigation, engineering analysis, scientific testing, and expert testimony. Romeo Deters represents individuals and families who have suffered catastrophic injuries because dangerous products failed to meet the safety standards required by law.