The distance of spectators from the show will be one of many factors considered by investigators.
Interesting discussion in this article about whether or not the pyrotechnicians set up the fireworks launch too close to spectators. This incident injured 39 Californians. The standard that would be applied under California law for this type of activity would be whether they used “extreme caution” as this would probably be deemed an “inherently dangerous activity.” The legal definition of a “dangerous activity” that requires “extreme caution” is “a situation where the nature of the activity or substance is so inherently dangerous or complex, as such, that the hazard persists despite the exercise of ordinary care.” ( Benwell v. Dean (1964) 227 Cal.App.2d 226, 233 [38 Cal.Rptr. 542] ; see also Menchaca v. Helms Bakeries, Inc. (1968) 68 Cal.2d 535, 544 [67 Cal.Rptr. 775, 439 P.2d 903]
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