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When one thinks about the Fourth of July, the first things that come to mind are fireworks. They are the focal point of most celebrations. However, consumer fireworks can result in injury, death and/or property damage.

Over $725 million worth of fireworks are purchased by individual consumers each year according to Statisticbrain.com. 

What are classified as consumer fireworks? 

The ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) defines consumer fireworks as small fireworks usually sold at stands or retailers around the Fourth of July and New Year holidays.  These include some small devices designed to produce audible effects, ground devices containing 50 mg or less of flash powder, and aerial devices containing 130 mg or less of flash powder. Formerly known as “class C fireworks,” they include Roman candles, bottle rockets, sparklers, shells and mortars, multiple tube devices, firecrackers with no more than 50 milligrams of powder, and novelty items. 

What are the dangers of consumer fireworks? 

According to the National Fire Protection Association, on Independence Day, fireworks account for 40 percent of all reported fires. 

Devastating burns, other injuries, fires and even death can be the result of the use of consumer fireworks. Over 9,000 people in the United States, according to City.Milwaukee.gov, are treated at hospital emergency rooms for fireworks-related injuries. The leading type of fireworks injury are burns followed by contusions and lacerations. Although hands and fingers are the most injured, injuries to the eye closely follow them. 

The Sun-Sentinel reported in July 2015 that a 13-year old Fort Lauderdale boy was hospitalized after his right hand was blown off. He also suffered critical eye damage from a firecracker. 

Last Fourth of July, New York Giants defensive end Jason Pierre-Paul suffered severe burns to his hand while attempting to light fireworks at his home in south Florida. Medical personnel at the time believed Mr. Pierre-Paul was lucky and would have no lasting injuries, but the New York Giants withdrew their $60 million long-term contract offer.  

What types of fireworks cause the most injuries? 

Although sparklers and firecrackers may seem innocent enough, they account for almost 40 percent of all fireworks-related accidents according to Newsweek.com. 

What are the causes of injuries and fires from fireworks? 

The common causes of fireworks injuries and fires, according to Disasterdoc.net are: 

• Holding fireworks in the hand
• Being too close to lit fireworks
• Setting off fireworks improperly
• Igniting fireworks too close to another person
• Dismantling fireworks
• Defective fireworks 

What is a manufacturer’s responsibility? 

Manufacturers, distributors, and sellers of fireworks are responsible if they sell defective products. For example, possible flaws include: 

• Too much accelerant
• A fuse burn time that is too fast
• A faulty lifting charge that causes a ground explosion 

What regulates consumer fireworks? 

Cherry Bombs, Silver Salutes, and M-80’s have been banned by Federal Law since 1966 because of the large amounts of explosive composition they contain. Ten states have banned the sale and use of all consumer fireworks, including novelties and sparklers. 

In Florida only consumer fireworks that do not explode or fly through the air are permitted to be sold to and used by residents. Firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, and any fireworks containing explosive or flammable compounds are prohibited. 

The Consumer Product Safety Commission regulates consumer fireworks in the U.S. Together with U.S. Customs, they enforce the rules, intercept imported fireworks that do not comply, and issue recalls on unacceptable consumer fireworks that are found to have "slipped through." 

“Enjoying the activities on the Fourth of July is an American custom. Everyone needs to remember, however, that the use of fireworks should be left to the professionals. If you or a loved one is injured as the result of another’s use of defective or illegal fireworks, contact Spivey Law Firm, Personal Injury Attorneys, P.A.,” said Fort Myers Accident Attorney, Randall Spivey.

Fort Myers Accident AttorneyRandall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.