Fireworks are a quintessential part of celebrations like the Fourth of July, providing breathtaking displays and festive energy. However, when fireworks are misused or defective, they can cause severe burn injuries, property damage, or even fatalities. Understanding who is liable for such incidents is crucial for victims seeking justice and compensation.
At Peterson & Associates, P.C., we’ve helped countless clients navigate the complexities of fireworks-related injury cases. Below, we’ll explore the various parties that may be held responsible for injuries caused by fireworks, along with essential safety considerations.
Manufacturer Responsibility for Fireworks Accidents
Manufacturers are obligated to produce fireworks that are safe for consumer use. Any defect in the design, manufacturing, or packaging of these products can result in premature detonation or other hazardous malfunctions.
- Professional Fireworks: Professional-grade fireworks, like those used in public displays, should only be handled by qualified pyrotechnicians. If a defect in these fireworks causes harm, the manufacturer or distributor may be held accountable.
- Consumer Fireworks: For consumer-grade fireworks used at home or block parties, the responsibility may fall on the vendor or retailer if they sell defective products.
Guardian Liability for Fireworks Injuries
Parents or guardians have a responsibility to supervise children when fireworks are present. Even brief lapses in attention can lead to serious firework accidents, particularly when sparklers or small explosives are involved.
For example:
- Sparklers, which can reach temperatures of up to 1,200 degrees, are one of the leading causes of burn injuries among children.
- Improper handling of sparklers accounts for a significant percentage of fireworks-related injuries to children under 15.
If a guardian fails to provide adequate supervision, they may bear some liability for injuries sustained by minors.
Public Authorities and Event Organizers
Independence Day and other holidays often feature organized fireworks displays. Event organizers and public authorities must take steps to protect attendees from injuries caused by explosions, falling debris, or other hazards.
Liability may arise in cases where:
- Crowd Control Failures: Attendees were allowed too close to the explosive zone.
- Lack of Emergency Response: The event lacked sufficient staff or procedures to handle emergencies effectively.
In some instances, the city, town, or county responsible for permitting the event may also be held accountable, although certain state statutes limit municipal liability.
Premises Liability and Fireworks Accidents
If you’re injured during a fireworks display on private property, such as at a backyard party, you may be able to file a premises liability claim against the property owner. Factors that could impact liability include:
- Whether the fireworks used were authorized and legally purchased.
- The adequacy of warning labels or firework safety measures.
A personal injury attorney can evaluate your specific case to determine whether premises liability applies.
Fireworks-Related Injury Statistics
The dangers of fireworks are supported by alarming statistics:
- According to the U.S. Consumer Product Safety Commission (CPSC), more than 12,500 fireworks-related injuries were treated in emergency rooms in a single year.
- One-third of all fireworks injuries involve children under 15.
- Fireworks caused approximately 19,500 fires in 2018, leading to five fatalities, 46 injuries, and $105 million in property damage.
Kansas City Attorney for Fireworks Injuries
At Peterson & Associates, P.C., we understand the physical, emotional, and financial toll of fireworks accidents. With decades of experience successfully representing victims of pyrotechnic injuries in Kansas City and across Missouri, we are here to help.
If you or a loved one has been injured in a fireworks accident, contact us immediately to discuss your legal options. Whether the injury was caused by defective fireworks, negligent supervision, or unsafe premises, our team can help you pursue the compensation you deserve.