YO-YO sparklers are a handheld type of firework. The sparklers are meant to release sparks while burning downwards. After hitting the base, the flame is expected to ignite the second layer of material and send sparks upwards. In the recent past, the YOYO sparklers have to burn faster and cause serious burns on the users' hands. If you or your loved one has suffered injuries from defective YOYO sparklers, you are not alone. Numerous consumers have complained of the issue.
Your skin is the largest organ in the body, and an injury to it could significantly impact your life. Even though a recall on the product was made, you are entitled to compensation for your injuries. For you to learn about more side effects of the yoyo sparklers and how you can recover compensation, seeking guidance from Consumer Alert Now would be a wise decision.
What are YO-YO Sparklers?
YO-YO sparklers are fireworks that measure thirteen and a half inches long and is grey. The firework is built with a wire and is manufactured by Jakes Fireworks. After lighting the sparklers, there are expected to produce sparks as they burn downwards. After these sparks get to the sparkler's base, the flame is expected to ignite the second layer and send the sparks upwards.
There are hundreds of fireworks companies in the market. By selling the fireworks in multicolored packages, Jake’s fireworks wanted to distinguish their products from other fireworks. The front part of the package has a LOGO of the American flag and the name YO-YO sparklers. Despite Jakes Fireworks being clever on marketing techniques, there have been numerous reports of injuries at the hands of YO-YO sparklers.
YO-YO sparklers manufactured by Jakes Fireworks have been recalled after dozens of reports of serious burns from uneven burns of the sparklers. Many individuals who were affected by the exploding sparklers have started to file claims against the manufacturers.
Dangerous Manufacturing of Fireworks
Most people wrongly believe that Sparklers, including those from Jake Fireworks, are safe for use with their families. However, a high percentage of accidents caused by fireworks result from sparklers. Even though an error caused most of these injuries from the user, this is not always the case for the sparklers from Jake's. The dual burning sticks are made in loosely regulated establishments, resulting in uneven burning and serious injuries.
Even though fireworks are dangerous, the consumers expect to be safe as long as they use it in the right way. As a result of labeling that indicated an American flag on the package, most consumers believed that the sparklers were of high quality. However, they are known to burn faster and with high temperatures increasing the risk of injuries to its users.
Fireworks are an entertaining tradition in the United States. However, these items could be dangerous or even deadly. Sometimes, liability for injuries suffered from fireworks may be on the manufacturers for malfunctioning and defective products. A lack of proper warning on the labels could also allow you to sue the manufacturer in case of injuries. If you suffered injuries from defective sparklers, you might have grounds for a lawsuit against the manufacturers.
Due to the increased number of victims injured by fireworks, some states have imposed rules on how the products should be used. For example, Pennsylvania has the following rules:
- Individuals should only purchase fireworks over 18 years
- Before using the Fireworks, you need to seek permission from the property owner where you will be discharging]
- Fireworks should not be discharged from or towards a vehicle or building
- Fireworks should not be used within 150 feet of an occupied building.
- It would help if you did not use fireworks while you are under alcohol or drug influence
- Users are advised to launch one at a time to give the firework a safe breadth
Common Injuries Caused By YO-YO Sparklers
Fireworks dazzle spectators and are a great way of having fun with your family. However, when the product is defective, and the stick burns faster, and with a high temperature, you could suffer serious injuries. Most injuries from defective sparklers could be prevented if manufacturers exercise care during the production process. If you have suffered an injury from YO-YO sparklers, you are not alone. Many individuals have suffered the same fate. Some of the injuries could be caused by the defective YO-YO sparklers include:
When the sparklers burn faster than normal, and with a high temperature, they may cause burn injuries. Since YO-YO sparklers are handheld, most injuries from the sparklers occur on the hands. Burns from the sparklers range from minor to severe burn injuries. Sometimes when a sparkler launches towards another person, it could cause burns on other parts of the body.
Jakes Fireworks received 12 different reports of situations where their sparklers burn quickly down the stick and result in second and third-degree burns. The skin has three layers, all of which could be damaged by burns. The outermost layer is the epidermis, which varies in different parts of your body. The dermis is the middle layer, and it contains hair and follicles. The deepest part of your skin contains fats and is responsible for the regulation of temperature.
There are different degrees of burn injuries depending on the layer of the skin that is affected:
- First degree burns. You suffer a first-degree burn if your skin's outer layer is the only part of the body that was affected. First degree burns are not often serious, but you could encounter pain.
- Second-degree burns. Second-degree burns damage both the dermis and the epidermis. This is likely to cause blisters and immense pain, which will require hospitalization and medical care.
- Third-degree burns. These are served burns that reach the skin's innermost layer, and the body may appear charred or blackened.
- Fourth-degree burns. This is the most severe burn injury, and besides damaging the skin, it may also affect the bone and muscles.
Most individuals who have suffered injuries from YO-YO sparklers reported second and third-degree burns. Seeking medical care is crucial if you suffer a burn injury. Treatment for second and third-degree burns could take some time, prolonging your stay in hospital.
The skin is the largest organ of the body, and it regulates different body functions such as temperature regulation and sensation. Depending on the burn's severity, the injuries could predispose you to other complications such as infections. Burns take prolonged times to heal and, after healing, leave you with scars that could significantly affect your outlook. Even with cosmetic surgeries and skin grafts, your appearance may not go back to normal.
To avoid suffering burns from the sparklers, you need to do your research before purchase, and in case a product has been recalled by the manufacturer, you should avoid it. Treatment for burns could take a toll on you and your family financially. Also, long stays in the hospital could hinder you from going about your normal activities.
If you have suffered a burn injury from the YO-YO sparklers manufactured by Jake fireworks, you could be entitled to compensation for your injuries. Compensation for burn injuries from YO-YO sparklers can be done by filing a personal injury lawsuit or joining a class action.
Remains from inconsistently burning fireworks can land on your eyes and cause extreme discomfort or injuries. According to the reports made about the YO-YO sparklers, all layers burn at once and thus explode before the user is ready. If the sparkler was held near the face, quick launching could cause injuries to your eyes.
The eyes are a sensitive part of the body, and an injury to this part could largely impact your life. If you or a loved one has suffered eye injuries from the YO-YO sparklers, you can file a compensation claim against the manufacturers. Alternatively, you can research an existing class action on this product and join it for a chance at recovering your losses.
Lawsuits Filed Against Manufacturers of YO-YO Sparklers
A lawsuit was filed by a man from Georgia who suffered severe burn injuries from the YO-YO sparklers while celebrating Independence Day with his friends. The man claimed that he lit the sparklers while intending to give it to his child. According to the lawsuit, he was rushed to the emergency room at Washington County Medical Center, where he was diagnosed with 3rd-degree burns to his hand.
As a result of the burns, he underwent painful wound debridement and grafting procedures and was left with permanent scarring. When one lights a sparkler, the stem is expected to burn in layers. The man claimed that the three layers burnt all at once, causing him the burns. During the investigations, it was discovered that the sparklers burn too fast and with a larger flame causing serious burns to the victims' hands. The lawsuit was filed in 2016 in the Georgia district.
According to the lawsuit, the plaintiff established that the manufacturers were negligent. The defendants owed the plaintiff a duty of care to ensure proper manufacturing of the fireworks. By putting defective products in the market, the duty of care was breached, causing the victim's burn injuries.
As a result of severely injured consumers by the sparklers, the defendant knew of the danger posed by their products. By filing the lawsuit, the plaintiff was seeking compensation for past and future medical expenses incurred due to the burn injuries. If you have suffered an injury from the YO-YO sparklers, you are not alone. You may be entitled to compensation.
YO-YO Sparklers Recall
After several complaints about the uneven burning of the YO-YO sparklers and the different users' injuries, the product was recalled. In 2015, The Consumer Product Safety Commission announced Jakes Fireworks YO-YO sparklers recall. Lakes Fireworks had received twelve different reports of sparklers burning faster and causing second and third-degree burns.
The sparklers are made to burn layer slowly by layer but tended to burn all the layers together and cause substantial burns. Also, the product was seen to burn at a higher temperature posing a threat of burns. According to the recall details, consumers who had purchased the product were required to stop using it and take back to the place they bought it.
A refund resolved the problem of the defective sparklers. Therefore, anyone who has purchased the sparklers is required to return them for a full refund. A significant concern in the YO-YO sparklers recalls there is prolonged storage of the fireworks for use later. Like other products, fireworks deteriorate with prolonged stay. When the pyrotechnic material stays for a long time, they could burn inconsistently.
This was an important issue with the YO-YO sparklers since their composition was unpredictable. If you or a loved one has YO-YO sparklers in storage, you need to return them or contact the Consumer Product Safety Commission for proper disposal guidance.
Joining a Class Action against YO-YO Sparklers Manufacturer
A class action is a lawsuit where several individuals come together to sue a similar company. The class action is often composed of individuals who have suffered related losses. When you join a class action, you do not need to be an active member. Class representatives are appointed to represent the interests of others.
Class actions are formed to resolve legal issues where individual cases could be impossible or take too long to recover compensation. These joint lawsuits also allow individuals who cannot afford legal fees to get compensation for their injuries. Most class actions involve injuries from products that were poorly manufactured or labeled. If you or your loved one has suffered injuries from YO-YO sparklers, you need to know that you are not alone and can join a class action to seek compensation.
Before you enter a class action, you need to understand what you require to join one. You must have had a similar experience from other members of the class action. Also, the evidence and the defendant must be common among all the members. This ensures that all your interests and expectations after the lawsuit are met.
When you decide that you want to seek compensation for Jake’s YO-YO sparklers' injuries, you need to research existing class actions on the product. If there is an existing lawsuit, you can easily join it by meeting the criteria. If you suffered similar injuries as other defendants from the particular product, you have a right to join the class action. You can look online for information on the class you wish to join.
Since you do not need to have your attorney, you can contact the attorney from the class. The attorney will investigate your situation to determine whether or not your situation qualifies to enter the class. When you join a class action, you will spend less to pursue your course. This is because litigation costs are divided among the members. A class action is likely to resolve faster compared to individual lawsuits.
Sometimes, you suffer minor injuries from a defective product and you fear failure in a personal lawsuit. Fortunately, joining a class action allows you to recover compensation for losses you would have not gotten when you pursue the lawsuit alone. If you are considering joining a class action to sue compensation for defective YO-YO sparklers, expert advice is crucial.
Compensation in a Defective Product Class Action
The compensation you recover from a class action lawsuit depends on several factors, which include:
- The severity of the injuries you suffered. When you are entering a class action for defective YO-YO sparklers, you need to ensure that other class action members have suffered a similar injury to you. This helps ensure that you are in the right group, and the compensation you receive will be enough to cover the loss and injuries you suffer. The compensation you recover from the suit is divided equally among the members of the class. Therefore, if the lawsuit is meant to recover compensation for serious injuries, you can recover more.
- The number of individuals in your class action impacts compensation benefits. A class action is treated as one case, and a representative plaintiff is selected. If the case is successful and you recover compensation, the benefits will be equally distributed. The more people there are in your lawsuit, the less compensation you will receive. Therefore, before joining, you should learn more about the class action. Seeking expert guidance ensures that you enter the right class action.
- The judge's decision is based on the facts of the class representative. A class representative is chosen among the plaintiffs to represent everyone else in the case. The representative must have suffered similar injuries to other members. Depending on how convincing the representative is to the court, the judge will determine the compensation award.
The dynamics of compensation in a class action are as follows:
The Judge Decides on One Case
In a class action, the court system treats the entire class of victims as one plaintiff. The judge's decision on the case applies to the entire group. If the judge sides with the defendant and dismisses the case, no member of the class will receive anything, nor can they pursue legal action. If the judge rules the class's favor, the court determines the amount to award the case. In most cases, the class representative and the legal team can settle before the case goes to the judge. As a member of the class, you do not have a decision making power to the negotiation since the representative speaks for everybody else.
The Court Approves a Plan for Distribution
When a class action case concludes, the court must approve a plan that could distribute the payout among the members of the class. This is the award that each member receives after the legal team deducts a reasonable fee for their services. Usually, every plaintiff will receive an equal amount of the award or a specific dollar figure. However, in some cases, the attorneys could carry out an individualized review of the damages and develop a way to distribute the lawsuit benefits depending on the severity of each member's losses.
Each Member of the Class Wins Something
A significant benefit you accrue from entering a class action after injuries from YO-YO sparklers is that each class member wins something. If you file an individual lawsuit, the defendant could likely file for bankruptcy protection or run out of money before all complainants are compensated. Entering a class action eliminates the possibility of you failing to recover compensation for your injuries.
Class Actions do not Result in the Highest Possible Payouts.
Even though class actions are some of the most efficient ways to recover compensation after injuries from YO-YO sparklers, it is difficult to recover compensation for all your losses. When you win a class action and compensation is divided equally, plaintiffs with serious injuries may not recover all your losses. However, you can decide to opt-out of the class action and preserve your right to pursue compensation later. If you would like to join a class action for your claim, it would be wise to consult an expert for guidance.
Seek Expert Guidance Near Me
Sparklers of all types, including the YO-YO sparklers from Jake's Fireworks, are considered the safest form of firework by all families. These products create and enhance fun activities and are commonly used. However, the National Council of Fireworks Safety has reported that a significant number of injuries caused by fireworks in the United States results from handheld sparklers. YO-YO sparklers have been reported to burn faster than expected, causing burn injuries to the hand or other parts of the body.
If you or your loved one suffered injuries from the YO-YO sparklers, you are entitled to compensation. You can either file a personal injury claim or join other individuals who have suffered the same injuries to form a class action and seek compensation from this product's manufacturer. At Consumer Alert Now, we will provide you with more information on the defective sparklers and help you join a class action for the YOYO sparklers. Contact us from any location at 800-511-0747.