Fireworks are the highlight of many festivities in the US, such as the Fourth of July and New Year’s leading the pack. The not-so-fun side of fireworks is the risk of causing injuries and damage to property, especially when handled by people without any formal training in handling explosives and fireworks displays.
The fact that almost anyone can walk into a store and purchase fireworks makes most fireworks displays more dangerous. If you have suffered an injury from a fireworks display, you may have a right to compensation. This guide highlights some legal facts that could help you understand your rights.
Michigan Fireworks Law
Like other states, Michigan has laws around fireworks displays, with different counties being at liberty to create their own ordinances. If a county does not have an ordinance in place, the use of fireworks in the county is governed by state law.
While counties are free to enact ordinances, they can’t ban fireworks at some specific times like during New Year celebrations, the Saturday and Sunday before Memorial Day, June 29 through July 4, July 5 if it falls on a Friday or Saturday, and the Saturday and Sunday before Labor Day.
There are also laws on where you can and cannot set off fireworks. For example, you cannot set it off on the street, roads or public parks. Also, you cannot use fireworks if you are intoxicated or high on drugs. Violating these laws attracts criminal penalties, including jail time of up to five years and a fine of $10,000.
Compensation for Firework Injuries
Your right to compensation after a fireworks incident depends on the circumstances of the accident. If the accident results from the careless actions of another person outside your household, you may have a claim.
Home Fireworks Incidents
A homeowner is responsible for ensuring the safety of their neighbors and guests. Blunders that result in an accident that causes damage may have them liable. The claimant only needs to prove that they were negligent in their conduct and their negligence was the cause of the accident.
To prove negligence, you must show that the person responsible for the accident owed you a duty of care. They failed to uphold that duty, resulting in a fireworks accident and ultimately compensable harm.
There are instances where the homeowner may not be liable for injuries, such as when the accident is a result of faulty or defective fireworks, in which case you can pursue a personal injury claim on the basis of a defective product.
Over 90 percent of all fireworks sold in the US originate from China, and it is unlikely you can trace it back to a specific manufacturer. But the law holds the retailer equally liable, so you can file a lawsuit against them.
Public Fireworks Accidents
Public fireworks hosts owe their viewers and, therefore, are liable for accidents resulting from their negligence. While accidents are rare, there is a history of such incidents happening, resulting in multiple injuries.
Most public fireworks displays are hosted by corporations, large establishments and governmental entities. So, your approach to a claim will depend on the entity. Government entities require relatively different approaches due to their preferential treatment on the basis of sovereign immunity.
It is a good idea to have a lawyer representing you, irrespective of the defendant in a personal injury claim, as statistics show they make a huge difference in a case’s outcomes.
