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As summer approaches, the excitement of stunning fireworks displays can often come with the risk of injuries. If not handled properly, these beautiful displays can lead to serious accidents that can have lasting effects.


This blog will delve into the legal aspects of proving negligence after a firework-related injury. Our personal injury attorneys will provide all the information you need to ensure you receive the necessary resources to move forward with your life.


The Most Common Firework Injuries


Because fireworks are explosives, it is unsurprising that the most common injuries they cause are burns. First-degree burns are commonplace for people who stand too close to fireworks. More severe burns often happen when people mishandle fireworks because they don’t understand how to use them safely.


Severe damage like limb loss, eye injuries, and hearing loss are often side effects of experimenting with fireworks. These injuries also occur when the responsible party does not follow the guidelines laid out by governing bodies like the Bureau of Alcohol, Tobacco, Firearms and Explosives.


In 2023, more than 9,000 people ended up in emergency rooms due to firework-related injuries. While some of these injuries were caused by reckless behavior, many resulted from negligence or faulty products. If you’ve been hurt in a firework-related accident, you may be able to sue the responsible party.


Who is Liable for Injuries Caused by Fireworks?


Most firework accidents are caused by either mishandling, malfunction, or non-compliance with safety standards. To properly present the plaintiff’s case, it is necessary to determine under which category the accident was caused and who is responsible.


Depending on the cause of the accident, an injured individual may sue the retailer, wholesaler, distributor, or manufacturer. Event organizers may also be liable for a negligence claim if they did not follow safety protocols such as crowd control and putting up safety barriers.


Negligence Claims


The plaintiff must demonstrate that the defendant owed them a duty of care and that this duty was breached. In the situation of a fireworks show, the plaintiff will need to show that the defendant failed to exercise reasonable caution in the situation that led to the injury.


Negligence can be proven through statements from people who witnessed the accident, photographs, videos, expert testimonies, and medical reports. One way manufacturer negligence might be indicated is a premature explosion before the lighter had time to move to a safe distance.


Retailer negligence may occur when the person or company selling the fireworks has not done their due diligence to ensure they sell a safe, defect-free product. Improper labeling, warnings, and instructions are other examples of manufacturer negligence. The Bureau of Alcohol, Tobacco, and Firearms requires specific warnings on explosive products, and if these requirements are not met, it constitutes negligence.


Product Liability Claims


A design or manufacturing error may also cause fireworks to explode unintendedly, leading to accidents and injury. This is known as product liability and can also apply if sufficient instructions for safe use were not provided.


A defective firework can cause significant harm through faulty fuses or the use of prohibited chemicals. In this case, the manufacturer can be held liable as negligence led to the injury. If the fireworks purchased are found to be illegally manufactured or sold, the credibility of the plaintiff’s claim can be affected.


Types of Damages You May Be Awarded


To sue the defendant for injury-causing negligence, the plaintiff must show that they have suffered damages in any of the following ways:


  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress
  • Rehabilitation
  • Physical therapy


The plaintiff will be required to provide supporting evidence such as photographs, medical bills, employment records, psychological evaluations, and expert testimony to show the severity of these damages accurately.


What You Should Do If Injured By Fireworks


First, you should seek medical attention and tell your healthcare provider that fireworks caused the injury. It is also imperative to take photos and videos of your injuries to document the scope of the damage.


The next thing you need to do if you decide to sue is start collecting evidence and supporting documents. Contact as many people as you can who witnessed the accident and can corroborate your story.


Keep all your receipts from medical expenses like ER visits, medication, and specialist consultations. If you purchased the fireworks yourself, try to find the receipt from the purchase.


Collecting as many pieces of evidence as possible can be extremely helpful in building your case. Find out if any videos of the accident clearly show the events that led to your injury.


Navigate Your Firework Injury Case with Our Experienced Personal Injury Attorneys


While such traumatic events can be deeply upsetting and can alter your life significantly, you are not alone. Reach out to our attorneys for advice and representation, and we will advocate for you every step of the way.


We aim to make the process as easy as possible to minimize your emotional distress. The legal system can be confusing, but with us by your side, you can rest easy knowing that we will help you navigate the process of laying a negligence claim to ensure you receive the compensation you deserve.

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