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Public fireworks displays are part of our July 4^th celebrations, along with backyard barbecues, hamburgers and hotdogs. Fireworks may be beautiful to view, but if they are handled by inexperienced operators or there are technical malfunctions, they can go terribly wrong, sometimes with even deadly consequences. 

National World News reported last year that at a public fireworks display in Avon, Colorado two or three fireworks’ shells malfunctioned and fired into the crowd. Nine people were treated for burns. 

Fireworks injury statistics 

According to the most recent fireworks injury report from the U.S. Consumer Product Safety Commission (CPSC), fireworks injuries in the United States caused nearly 10,500 injuries requiring treatment in emergency rooms. Those injured by fireworks are not necessarily handling the explosives themselves. In fact, nearly half of people injured by fireworks are bystanders, according to an international study. 

The American Pyrotechnics Association estimates that roughly 11,000 injuries occurred in 2015 due to improper handling or malfunctioning fireworks. Of that total, 300 were fireworks that were part of public fireworks displays.  

Injuries from fireworks 

Accidents involving fireworks displays may cause injuries that can include severe burns, blindness, loss of extremities and even death.  Fireworks may also cause a fire resulting in catastrophic burn injuries that are extremely painful and can result in permanent disfigurement. Such injuries may require extensive medical care and result in significant medical bills. 

Who is liable for public fireworks display injuries? 

There may be a challenge in determining who, or what, is responsible for firework-related injuries. Manufacturers of the explosive device may be liable if the fireworks malfunction; there is a lack of adequate warning, or they possess an inherent risk because of poor design. There are other cases where the handling of the fireworks in an unsafe manner causes injury to bystanders.

When a public entity hires a business to provide a public fireworks show, the pyrotechnic show company may be liable for various forms of unsafe conduct, such as: 

• Using fireworks too close to spectators
• Failing to account for wind conditions
• Improper maintenance of fireworks launching equipment 

The public entity that hires the fireworks company may also be liable if they were negligent in selecting or setting up the venue in a way that would keep the public away from firework hazards.  This may include inadequate crowd control, security or barriers.   

The city or town may also be liable if it did not exercise reasonable care in selecting the pyrotechnic exhibition company, such as failing to review the company’s safety and accident records. Even though a city’s liability may be limited by state law (sovereign immunity), entities hiring fireworks companies still have a duty to protect bystanders from injuries. Cities can fail in fulfilling this duty and open themselves up to liability by allowing the use of illegal fireworks or by failing to obtain the proper permits. 

Florida, like most states, has enacted statutes that regulate the sale, possession, and discharge of fireworks anywhere in the state. The state law applies to cities, towns, etc. just as it does to private citizens. 

Safety tips for those who attend public fireworks displays 

For those who attend professional fireworks displays, the ASSH (American Society for Surgery of the Hand) recommends the following: 

• Respect safety barriers at fireworks shows and view fireworks from at least 500 feet away.
• Do not touch unexploded fireworks; instead, immediately contact local fire or police departments to help. 

“Should you or a loved one be injured at a public fireworks display, it is important to contact an experienced law firm to handle your case,” said Randall Spivey, Fort Myers Personal Injury Lawyer. 

Fort Myers Personal Injury Lawyer, Randall 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.