Fireworks Accident Injuries: Who’s Liable?

Fourth of July fireworks are as American as baseball and apple pie… but they can be dangerous

There are lots of people who like to bring summer in with a bang. 

Fireworks are popular throughout the nation, and they’re frequently deployed at large community events and backyard barbecues alike. July 4th, in particular, is a popular holiday for fireworks. In some communities, though, you can hear the echoes of the blasts nightly all summer long. 

Amateur fireworks are controversial—some people object to fireworks in their neighborhood because the noise can upset babies, pets, or people who have PTSD or trauma related to combat or for other reasons. 

But there are other reasons to think twice about whether you want to play with fireworks—they can be fun and liven up a party, but they can be dangerous, too. It might be best to grab your blanket and a picnic and head to your local town fireworks display done by professionals.

If you do get injured by fireworks, who’s liable for your injury? We’ll take a look at various ways a fireworks injury can happen and who might be financially responsible if it does.

Liability for a public fireworks display

A public fireworks display is performed by a professional operator. Although a professional is trained and experienced, things can still go awry. Nine people suffered burns at a 2015 fireworks accident in Colorado. A malfunction caused a fireworks shell to explode in its tube rather than firing into the sky. It caused a rack of shells to tip, which caused a few shells to fire into the crowd. Fortunately, the injuries were non-life threatening and the individuals recovered. 

In fact, the American Pyrotechnics Association has estimated that almost 3% of fireworks injuries happen at public shows. That’s about 300 of approximately 11,000 injuries per year. 

So, if you are just a guest or bystander at a public fireworks display and you’re injured, who’s liable? 

As with many aspects to the law, it depends on how the accident happened. The first thing to explore is whether the accident happened because of a fireworks malfunction or because of unsafe handling. 

The pyrotechnics company can be liable for unsafe handling that includes:

• Fireworks being lit too close to spectators
• Failure to account for wind conditions
• Improper maintenance of launching apparatus

The entity that hired the pyrotechnics company can be liable, too:

• Negligent selection or setting up of the location 
• Negligent barricade or border to keep public a safe distance away
• Inadequate crowd control
• Did not use reasonable care in selecting a pyrotechnics company or applying for the correct permits

Finally, the manufacturer of the fireworks could be the liable party:

• If there’s a malfunction based on a manufacturing defect; 
• If there were not adequate warnings; or
• If they were inherently dangerous because of poor design.

Liability for an injury from private fireworks

Most states now allow some type of consumer fireworks (the exception is Massachusetts). They’ve become ubiquitous at backyard barbecues, pool parties, and other events—the common theme is that these are fireworks set off by amateurs. 

So, if you’re injured by fireworks in this type of circumstance, who is responsible for your injury? Again, it depends on how the accident happened and who was in charge of the fireworks at the time. 

Here are a few factors the court would consider:

• Was the plaintiff (injured person) negligent? In most states, a court would consider the liability of the injured person in addition to that of other involved parties. For instance, if the person knew the dangers of fireworks and chose to use them anyway, or if they engaged in unsafe practices that they were warned about on the package.
• Was the product defective? If the handlers did everything safely and according to the fireworks’ instructions but the device had a too-short fuse or too-fast burn, it’s possible that there was a defect in the manufacturing. A product liability lawsuit can claim damages if there were manufacturing defects, design defects, or failure to provide proper handling instructions and warnings. If the manufacturer is an overseas company, it can be difficult to file a lawsuit but you might have a claim against the retailer that sold the product.
• Finally, was the person who set off the fireworks negligent? If a party host is performing a fireworks display, they should take precautions to make sure that guests are a safe distance away, there aren’t flammable objects or materials too close to the fireworks, that children are closely supervised, and take other reasonable measures to ensure their guests’ safety. If they fail to do so, they could be negligent and legally liable for your injury.

Common fireworks injuries

• Burns to the hands. Minor burns can just be painful and red, but serious burns can cause damage underneath the skin. Children should not touch fireworks, and no one should handle a firework that hasn’t yet gone off. 
• Eye injuries. A firework can shoot shrapnel through the air, and a pierced eyeball could lead to a complete loss of vision. Anyone who handles fireworks should wear protective goggles or other eyewear. 
• Fractures and lacerations. Fireworks can even cause torn tendons and broken bones, sometimes from the force of a blast. They might even require emergency treatment; if any serious injury happens, call 911 immediately.
• Facial injuries. Burns and loss of facial tissue can happen, particularly if you’re leaning over the firework to light the fuse. 
• Amputation of finger. This, too, can be the result of a firework that mistakenly explodes in your hand. 
• Hearing loss. A noise louder than 85 decibels can damage hearing, and a firework that’s three feet away can be 150 decibels.

Fireworks safety tips

• Always follow instructions on the package and heed safety warnings. 
• Never use fireworks indoors or near anything combustible like grass, dry leaves, other explosives, etc. 
• Do not try to reignite a malfunctioned or used firework.
• Always keep a bucket of water nearby and ideally be near a fire hydrant.
• Respect safety barriers at fireworks shows and remain a safe distance of 500 feet away. 
• Do not touch an unexploded firework; contact police or the fire department to remove the explosive device. 
• Have a spectator with a phone handy in case you need to call for help in an emergency.
• Don’t set off fireworks during drought conditions when the weather and climate are ripe for fire hazards.

If you suffered a fireworks accident injury and you believe someone should be held liable, consult a personal injury lawyer near you to learn your options for financial recovery.