Are Fireworks Legal?
Fireworks fall into two categories:
- Display fireworks are larger fireworks used by professionals in fireworks displays. Only professionals can possess or use display fireworks with permits under federal law.
- Consumer fireworks are smaller fireworks approved for consumer use by the Consumer Products Safety Commission and are legal under federal law. However, states have further restrictions on consumer fireworks.
What Are the State Laws on Fireworks?
Most states allow some consumer fireworks, though some only allow novelty products such as sparklers. Some states restrict consumer firework use to those that have been classified "safe and sane" by the fire marshal. Also, some local laws further restrict fireworks use.
Five states do not allow any consumer fireworks: - Delaware;
- Massachusetts;
- New Jersey;
- New York;
- Rhode Island.
What If I Am Injured Due to Fireworks?If someone is injured by fireworks set off by another person, there may be a claim for negligence. Fireworks can be dangerous and anyone using them must adhere to a standard of care of a reasonable person. The failure to do so could make the person liable for any injuries that result. If you are injured by fireworks that are illegal in your state, this could create automatic liability.
Someone injured by their own fireworks or someone else's may also have a products liability claim if the injury was caused by a defect in the product. This is a somewhat difficult claim, however, because fireworks are dangerous products by nature. The injury must be the result of an unexpected danger or the result of a lack of proper warning about the products danger. Do I Need a Lawyer?If you have been injured by fireworks, you should consult an experienced personal injury attorney who can advise you of your rights and options under the law. An attorney can also represent you in court. |
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