As summer kicks off, the weather warms up, and celebrations such as the Fourth of July near, fireworks become a common part of the festivities in Michigan. While these displays bring joy and excitement, they can also pose great danger to the person lighting them as well as the people around them, especially when alcohol is involved. Every summer there are thousands of firework-related injuries in Michigan that could have been prevented through the use of the proper safety precautions. Many people don’t understand that if someone is injured in a firework accident, the person who set it off, the property owner, or even the manufacturer can be held liable for the injuries. Firework liability can be complex as firework law is not nearly as established as other areas of law, and it can be difficult to decipher whether the injury was as a result of a user error or a defect in the actual manufacturing of the firework itself. Whether you’re hosting a party, attending one, or simply watching from a distance, it is important to know your rights regarding firework safety and liability. In this blog we will be discussing the most common causes of firework related accidents, who can be held liable, and the steps you or a loved one can take if you are involved in a firework accident.
Common Causes for Firework Accidents
According to a study from the University of Michigan, serious injuries from fireworks have almost doubled following the legislative changes in 2012 that expanded the legality of consumer fireworks in Michigan. Most of these firework-related accidents in Michigan stem from entirely preventable causes including:
- Improper use
- Uneducated users
- Alcohol or drug use
- Lack of adult supervision
- Malfunctioning or defective fireworks
- Weather Conditions
Fireworks are a very common, enjoyable activity in the summertime in Michigan that can take a turn for the worse in seconds. Understanding and avoiding these common causes is crucial in preventing injuries and keeping your celebrations safe this summer.
Alcohol Use
While it is not uncommon to consume alcohol at a summer party, using alcohol while lighting fireworks is an entirely illegal combination that exponentially increases risk of injury.
Lighting fireworks while under the influence may result in up to a $1,000 fine. Furthermore, if the use of fireworks while intoxicated results in injury, property damage, or death, the responsible individual may face much more significant consequences including misdemeanor or felony charges.
Who’s responsible when fireworks cause harm?
Determining who should be held liable for a firework-related injury can be a very complicated process depending on the circumstances. In order to find this out, we must ask ourselves a series of questions:
- Who set off the firework?
- The person who ignited the firework is often the first person evaluated.
- We are looking to see if this individual acted recklessly or disregarded safety guidelines.
- Where did it happen?
- If the incident occurred on private property, the property owner can also be held liable under premises liability if they supplied the firework, failed to supervise, or knowingly allowed for unsafe conditions.
- Was there negligence?
- Fault may be assigned if someone failed to act with the level of care in which a reasonable person would have in the same circumstance.
- Was it a defective firework?
- Liability can be assigned to the manufacturer of the firework if the injury came as a result of a malfunction in the firework itself.
Hosting a Fireworks Show? The Steps you Need to Take:
As mentioned above, if there was a firework related injury on private property, the property owner may be held liable even if he/she did not light it themselves.
Therefore, if you are ever hosting a party in which there could potentially be fireworks involved, taking the proactive legal and safety precautions before the party is crucial in protecting yourself from any potential liability. Some of these steps include:
- Researching your local firework laws
- Limiting the fireworks to legal, consumer-grade fireworks
- Designating a sober operator
- Choosing a safe location
- Investing in a sufficient homeowners insurance policy
- Supervising closely, especially if there are any children involved.
State and Local Law
According to state law, fireworks can only be ignited on personal property, unless given specific permission, the lighter must be 18 years of age, the discharge of fireworks while under the influence is illegal, and fireworks must be allowed after 11 AM on certain holidays.
Other than the laws listed above, Michigan allows local governments to enact ordinances and regulate the use of fireworks. This is why it is important to know the laws regarding fireworks in your local municipality as they can fluctuate based on location.
Injured in a Firework Incident? Here are your Rights:
When fireworks go wrong, the consequences can be devastating, and the law is your first line of defense. If you are ever injured in a firework accident, you have certain legal rights that are important to understand going into the firework season.
First, and most importantly, you must seek medical attention directly following your injury and document the injuries that you sustained as a result of the accident. Depending on the circumstances, you may be able to file a personal injury claim against the responsible party to help compensate for your injuries. This is why it is extremely important to gather evidence including things like photos, witness statements, product packaging, etc., and consult with a personal injury attorney that will be able to assess your case, protect your rights, and potentially file a lawsuit against the liable party. However, it is important to get the ball rolling immediately following your accident as Michigan has a statute of limitations of three years from the date of your injury to file a personal injury lawsuit.
As the weather gets warm and fireworks become more prevalent in Michigan, it is crucial to understand that with celebration comes responsibility. Reviewing and understanding your local firework law and taking the proper precautions can potentially save you or a loved one from serious injury or substantial legal consequences. Whether you are lighting fireworks or hosting an event, it is extremely important to stay informed and act responsibly to ensure a safe positive experience for everyone involved.
Get David Get Paid
If you or anyone you know has been injured as a result of someone else’s negligence, call the experienced team of lawyers at Femminineo Law at 855-65-CRASH or visit our website today to get the maximum amount of compensation that you deserve.
