No Fourth of July would be complete without fireworks displays, but the fun and thrills of pyrotechnics come with a risk of injury or even death.
Before we get to the inherent risk in handling fireworks, it is important to note that in the state of New York, it is unlawful for citizens to use fireworks. You may see displays that looklike fireworks in local retailers, but those are defined as "sparkling devices," which are allowed in many parts of the state. However, the sale or use of traditional fireworks is banned statewide.
The Consumer Product Safety Commission reported that in 2024, an estimated 14,700 people were injured by fireworks in the United States, a 38 percent increase from 2023. Among those injuries were 11 reported deaths, many of which were from device misfires or malfunctions, improper use, or negligent supervision.
If you or someone you love is injured by fireworks that malfunction or that are set off by another person, it is important to know that you have rights and protections that should be explored.
There are rules and deadlines when it comes to filing personal injury claims, so it is critical to act immediately if you are injured in one of these common scenarios:
Municipal fireworks display The municipality organizing the event may be liable if negligence can be proven. There are especially short, strict timelines for bringing a claim against a municipality, so a clam needs to be filed soon after the injury.
Private party: If someone sets off fireworks that injure you, the person who lit the fireworks, and potentially the homeowner, could be held liable.
Malfunctioning fireworks. The manufacturer, distributor, or retailer could be held liable under product liability laws.
If you are injured in a fireworks mishap due to the negligence of another person or a faulty/malfunctioning firework, the first step is always to seek immediate medical attention. After that, give me or any member of our personal injury team a call. There are rules and deadlines for filing personal injury claims. We will make sure you do not miss out on any filing deadlines that could jeopardize your right to be compensated for your injuries.
Be cautious and stay safe this Fourth of July, but if you or someone you love is injured due to fireworks, give us a call. There is no cost or obligation to speak with myself or any of our experienced personal injury attorneys. We can answer your questions and present you with all available options.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
