Soon, many of us will enjoy the sky being filled with amazing fireworks displays. Others may choose to celebrate Independence Day with a neighborhood party where the so-called “Safe and Sane” fireworks are used instead of visiting a formal display. While either of these can fill the night sky with vibrant colors and help create lifelong memories, negligence on the part of an individual, neighbor, manufacturer, or distributor can turn these incredible moments into a life changing nightmare.

A firework is a very complex device. By their very nature, every firework contains some degree of explosive materials with the potential to cause severe injury and even death. Injuries may include burns, eye injury and loss of vision, lacerations, hearing damage and in extreme cases, even death. Statistics from the Consumer Product Safety Commission (CPSC) show fireworks were involved in an estimated 10,200 injuries treated in U.S. hospital emergency rooms along with 11 deaths as recently as 2022. This underscores the importance of treating these devices with care.

In California, law are strict concerning fireworks for good reason. The California Health and Safety Code Section 12500-12728, also known as the State Fireworks Law, makes it illegal to manufacture, sell, or use fireworks that are not classified as “Safe and Sane” by the State Fire Marshal. These Safe and Sane fireworks include ground and handheld sparkling devices, spinners, and fountains that don’t explode or move uncontrollably. Any firework that explodes flies in the air, or skips along the ground is considered dangerous and is illegal under California law for use by an unlicensed individual.

Strict adherence to safety protocols may help you avoid injuries from fireworks. Some of the safety protocols include adult supervision during firework usage, keeping a safe distance from lit fireworks, not relighting “duds,” no one who is impaired by anything using them and always keeping water and a first aid kit nearby in case of fire or an accident. The reality is that even when you exercise precautions, accidents can still happen as a result of a firework’s inherent unpredictability or due to a manufacturing defect.

In cases like a fireworks mishap, negligence is defined as the inability to behave in a way a reasonable person would have under the same circumstances. If your firework injury is due to someone else’s negligence—such as incorrect usage, use of a firework while impaired, lack of supervision, or illegal fireworks—the negligent party may be liable for damages.

If a firework was defective or didn’t perform as intended and this leads to an injury, you might have a product liability claim against the manufacturer or distributor. California law follows a “strict liability” doctrine for defective products, meaning the injured party doesn’t need to prove negligence but merely that the product was defective and caused injury. Lawsuits involving fireworks can be complex as a result of the laws and regulations surrounding their sake and use. Whenever you are around anyone using fireworks being aware that safety guidelines are being followed is critical.

We represent people who are injured because of the careless and reckless acts of others.  At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. The reason that insurance companies have paid our clients in excess of $130,000,000.00 is that we get the facts and are not intimidated at the prospect of going to trial when insurance companies fail to offer full compensation. We help with serious injuries that require serious representation. We are the Law Offices of Guenard & Bozarth, LLP. Our attorneys have more than 60 years of experience specializing in only representing injured people. Call GB Legal 24/7/365 at 888-809-1075 or visit www.gblegal.com We would be honored to represent you!