They’re dazzling, loud, and part of every big Alabama celebration, but fireworks send thousands to the ER yearly with painful, preventable injuries.
In 2023, the U.S. Consumer Product Safety Commission reported 9,700 fireworks-related injuries and 8 non-occupational deaths nationwide. Alabama mirrored this trend, with the state reporting 8 fatalities and over 9,000 emergency department visits due to fireworks injuries.
The Fourth of July may see a surge in incidents, but fireworks-related injuries happen year-round, at birthday parties, sporting events, and weddings. Burns, eye trauma, finger and hand injuries, and fires are just some of the consequences when fireworks go wrong.
If you or a loved one has been harmed in a fireworks-related incident, determining who is legally responsible can be complicated. Liability may fall on a manufacturer, retailer, property owner, or even the individual who ignited the fireworks.
Contact our experienced Alabama personal injury lawyers for a free consultation and to discuss your fireworks injury and legal options for compensation.
Alabama law allows the use and sale of certain consumer fireworks, but restrictions apply. For example, fireworks can’t be sold to individuals under 16, and users must comply with local ordinances. What’s legal in one part of Alabama may be banned in another.
When injuries occur, liability may fall under Alabama’s premises liability laws, negligence standards, or product liability statutes. That means whoever was responsible for selling, using, or supervising the fireworks may be held accountable for the resulting harm.
Fireworks accidents often involve more than just user error. Here’s a breakdown of potentially liable parties:
Individual Users
Private individuals who set off fireworks are legally responsible for using them safely and only in areas where they are permitted. If someone lights fireworks in a crowded area, too close to homes or spectators, or is impaired, they could be held responsible for resulting injuries or damage.
Property Owners
If an injury occurs on someone else’s property, for instance, at a backyard party or public event, the property owner may be partially liable for failing to ensure a safe environment. This is especially true if the property was unsafe or if fireworks were used in a way that created foreseeable harm.
Retailers
Retailers who sell fireworks to underage buyers or fail to provide necessary safety information can also be held liable. Improperly stored or mislabeled fireworks pose serious risks and can lead to lawsuits if they cause injury.
Manufacturers and Distributors
Sometimes, fireworks explode prematurely or malfunction even when used correctly. In these cases, the issue may lie with the product itself. A defective design, manufacturing error, or lack of proper warnings could make the fireworks company liable under product liability law.
If you were injured while using fireworks exactly as intended, you might have a product liability claim against the manufacturer or distributor. These cases fall under three main categories:
Preserving as much evidence as possible is crucial to winning these claims. That includes keeping the fireworks packaging, unused products, and photographs or videos of the incident.
You don’t have to be the person handling the fireworks to suffer serious harm. Stray rockets, misfired explosives, or debris often injure bystanders. In these cases, the user or property owner may be liable.
Similarly, if fireworks cause a house fire or car damage, the person who launched them, or allowed them to be launched unsafely, can be sued for property damage.
Professional displays at concerts, sports games, and festivals are supposed to follow strict safety standards. However, technicians and workers can still suffer injuries if safety protocols are ignored or equipment fails.
These types of injuries may involve multiple layers of liability, including workers’ compensation claims and third-party lawsuits against vendors or equipment manufacturers.
If you are hurt by someone else’s fireworks negligence, your first step should be to seek medical attention. Next, start gathering evidence:
Preserving evidence often makes the difference between a dismissed claim and a successful case.
The Vance Law Firm Injury Lawyers have experience handling complex fireworks-related injury cases throughout Alabama. Our Alabama catastrophic injury lawyers can help determine who’s at fault and help you get the maximum compensation you deserve.
Call for a free consultation now and let us help you hold the right party accountable.