No doubt, fireworks create a thrilling nighttime experience, whether it’s in your backyard, on Sarasota Bay or over the Manatee River, especially when celebrating America’s independence. But there’s always a chance for something to go wrong – and the consequences can be severe, or even life-changing, for the onlookers present or individuals or organizations facilitating the display. In fact, thousands of people each year are treated for fireworks-related injuries, contributing to an average of over 45,000 visits to hospital ERs for various treatments of injuries on July 4 and 5, according to Pew Research Center data published in 2019.
From burns to eye injuries and the loss of limbs and appendages, like fingers and hands, these accidents can raise many questions, including who’s at fault. Here’s a look at several potentially liable parties in firework injury cases.
Manufacturers: If a firework explodes unexpectedly, fails to operate as advertised, or malfunctions the manufacturer may be liable for a defective product. This includes both large-scale commercial fireworks and smaller consumer-grade products. Under product liability laws, manufacturers can be held accountable for injuries caused by design flaws, production errors, or failure to include adequate warnings and safety instructions.
Homeowners and Private Individuals: When fireworks are set off at private homes, like at a backyard party or gathering in the driveway, the person lighting the fireworks – or the homeowner themselves – can be liable for any resulting injuries if an accident occurs. This includes guests injured on the property or bystanders nearby. If the homeowner failed to follow local laws, acted recklessly, or didn’t take reasonable safety precautions, they may be considered negligent under Florida’s premises liability laws. There are a number of ways someone can act irresponsibly in these situations, ranging from attempting to relight “duds” to placing fireworks on uneven surfaces or near flammable materials, like dry vegetation or in close proximity to homes.
Event Organizers and Property Owners: If you were injured at a public event, such as the Sarasota Bayfront Fireworks Spectacular (UPDATE: permanently closed) or Fireworks on the Manatee River, or a private venue, the entity responsible for organizing or managing the event may be held liable. This includes failures in crowd control, improper handling or fireworks storage, or a lack of clear, visible safety barriers. These parties have a duty to ensure the event is conducted safely and that attendees stay protected.
Fireworks Operators: Professional pyrotechnicians are trained to handle fireworks safely… but mistakes can still happen. If a licensed operator fails to follow safety protocols or misfires a display that leads to injuries, they or the company they work for may be held accountable for negligence.
Retailers and Distributors: In some cases, the store or distributor that sold the fireworks could be held liable – especially if they knowingly sold illegal or recalled products. Other situations that could constitute negligent behavior include selling fireworks to minors or to people who are visibly intoxicated.
Pinpointing liability can be complex in fireworks-related cases, which is why you should always have an experienced attorney by your side. If you are ever injured, call Gallagher & Hagopian and let our local law firm handle the fight for your rights while you focus on healing. With over $300 million recovered for our clients in Sarasota and Manatee counties, we’re ready to win for you – or you won’t pay us anything.
