Attention March 13th, 2024 Webinar Attendees, please click here to complete our Survey or Attendance Verification and Credit Request Form. (required for CLE credit)

Fireworks Law is a Booming Practice Niche

Last update

at

by:

by:

Share

Print Friendly, PDF & Email
More than 9,000 injuries each year.

It wouldn’t be the Fourth of July without fireworks, and fireworks law is a practice niche that is hot, if not exploding.

Search Google for the term fireworks law or fireworks lawyer and you’ll get plenty of hits. That wasn’t the case not long ago. And with more than 9,125 fireworks injuries each year, it seems to be a booming field.

Most injury lawsuits against towns, property owners or others who stage a fireworks event where something goes wrong allege a failure of some duty:

  • Failure to oversee the discharge of the fireworks. 
  • Failure to protect attendees from faulty fireworks.
  • Failure to properly distance attendees.
  • Failure to properly warn attendees of the dangers.

Why choose Alta Pro Lawyers Risk Purchasing Group over other legal malpractice programs? Because Alta Pro RPG gives insured law firms exclusive access to valuable practice resources and cost-saving programs. When you join the Alta Pro RPG, you can use our Pro Practice Resource Center, filled with practical pointers and risk management tools to keep your law firm safe and soaring. Plus you get exclusive access to free CLE webinars, like our recent, highly popular program on Basics of Cannabis Law. Also: discounts on office essentials, Ask the Risk Pro, malpractice defense hotline and more. Don’t miss out on these fantastic perks. If you’re already a policyholder with Alta Pro but haven’t yet created your RPG account, here’s how to do it.

Firework Safety Tips from FindLaw

Always follow the directions on the fireworks package, and never modify or experiment with homemade fireworks.

Never let children use fireworks without adult supervision. Even seemingly harmless fireworks such as sparklers still burn at high temperatures and can cause severe burns if used improperly.

Only set off fireworks outdoors, away from houses and fire hazards such as tall grass, dry leaves, and other fireworks.

Do not try to reignite used or malfunctioning fireworks.

Keep a bucket of water nearby for emergency purposes, and soak any used or misfired fireworks before discarding to prevent fires or accidental ignitions.

Firework Injury Legal Rights re FindLaw

Whether a spectator at a fireworks show gone wrong or the user of a malfunctioning firework, victims may be able to recover damages for their injuries. Depending on the circumstances of the firework injury, a number of legal theories may apply.

Injured spectators may be able to hold the person or company setting off the fireworks liable through negligence. Even the person or entity that organized the show – including cities that hire fireworks companies – may be liable for failing to properly supervise such the activity. Even though a city’s liability may be limited by state law, 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.

When fireworks malfunction and cause injury, victims may be able to recover damages from the manufacturer, the importer of foreign-made fireworks, or the local retail seller. Because all of these entities have a duty to sell products that function properly, they may be liable for any injuries caused by a defective firework. However, the vast majority of fireworks are produced in China, so suing the local fireworks stand operator is often the only way for victims to recover damages. Even individuals who misuse fireworks may still be able to recover damages for their injuries if they can prove that a defect, rather than their negligent conduct, caused the injury.

Source: Fireworks Injuries – FindLaw

Do you practice in Wisconsin, Texas, Minnesota, Ohio, Illinois, Indiana or Michigan? Is your professional liability coverage managed through Alta Pro? If so, you’re automatically a member of the Alta Pro Risk Purchasing Group (RPG), which offers a wealth of benefits for your practice: free, cutting-edge CLE webinars featuring top experts tackling timely topics; the Pro Practice Playbook; the Pro Practice Blog; Reminger’s ProLink risk management assistance; Reminger’s Claim Repair Hotline; discounts on CLIO practice management software; tax savings on health insurance; and access to the Risk Pro, who can help keep your firm safe and successful. Register here and start enjoying your Alta Pro RPG benefits.

Share

Print Friendly, PDF & Email

Related Posts on Altaprorpg.com!

Alta Pro Logo Icon

About the Editorial Staff

In an age of consolidation where increasingly impersonal transactions have made customer service an oxymoron, we bring together independent agents, insurance companies, and other industry specific service providers to develop and deliver insurance products and risk management solutions that benefit our insurance customers.

June 12, 2024 1:00 pm EST
1.0 Ethics Credit
September 18, 2024 1:00 pm EST
1.0 Regular Credit
December 11, 2024 1:00 pm EST
1.0 Ethics Credit

Join Our Newsletter

Occasional newsletters and CLE invites

Find Us on Social

Upcoming CLE Webinar: Cybersecurity Ethics : Start with the Basics

June 12, 2024 1:00 pm EST
CLE Credit: 1.0 Ethics

David G. Ries

Clark Hill

Archives

Need Help?

Visit our Frequently Asked Questions page. 

Or email us directly at info@altaprorpg.com

Or submit your issue in the comment form below and we will respond as soon as possible.