Many Americans celebrate the Fourth of July by shooting off fireworks, and that is certainly true in Georgia. Still, while fireworks can be a fun source of entertainment, they can also be dangerous, especially when they are improperly handled or when alcohol consumption is involved.
If you were hurt in a fireworks accident that occurred through no fault of your own, you might be entitled to recover compensation. To bring a successful case, however, you will need to be able to establish liability for the accident. Below, we will briefly discuss fireworks safety and who can be held responsible if an accident occurs.
Are Fireworks Legal in Georgia?
In the past, Georgians who wanted to set off fireworks with their friends had to visit other states to do so. Over time, however, Georgia has loosened its restrictions on consumer fireworks. In 2005, for instance, the state began allowing consumers to purchase and ignite “novelty” fireworks like sparklers. Consumer fireworks of all types were legalized ten years later in 2015.
Today, Georgia law technically allows citizens to set off fireworks any day of the week between 10 a.m. and 11:59 p.m., although municipalities have the option to restrict fireworks use through general noise ordinances. However, fireworks are legal to use on certain days of the year despite local ordinances. It is lawful to set off fireworks up until 11:59 p.m. on Memorial Day, Independence Day (July 3 and 4), Labor Day, and New Year’s Eve (through 1 a.m. on January 1).
There are certain places where it is illegal to use fireworks, however. It is against the law to set off fireworks within 100 yards of electric plants, water and waste-water treatment facilities, refineries, gas stations, electric substations, hospitals, nursing homes, other medical facilities, helipads, jails, and prisons. It’s also illegal to use fireworks within parks, historic sites, and recreational areas, as well as anywhere on state-owned property. Finally, it is against the law to shoot off fireworks if you are under the influence of alcohol or drugs.
Fireworks Safety Tips
When shooting off fireworks in Gwinnett County, you should follow these essential safety tips to protect yourself and others from being harmed:
- Do not allow kids to come near the area where fireworks are being ignited
- Before disposing of used fireworks, be sure to dip them in water
- Keep a fire extinguisher or a source of water on hand for putting out any potential fires that occur
- Do not consume alcohol or do drugs prior to setting off fireworks, as alcohol and drugs can impair your judgment and ability to properly follow instructions
- Back away from fireworks after igniting them
- If a firework fails to ignite, do not attempt to relight it
- Point fireworks away from other people when setting them off
- Never ignite a firework while holding it in your hand
- Avoid storing other fireworks in the area where fireworks are being ignited
Following these recommendations can prevent terrible accidents and injuries. If you are injured in a fireworks accident and someone else’s negligence is to blame, then you have a legal right to hold them accountable for your losses through a third-party insurance claim or lawsuit.
Who Can Be Held Responsible for a Fireworks Accident?
There are numerous parties who could potentially be held liable after a fireworks accident. Various factors must be taken into account when determining liability, including whether or not the fireworks display was a public or private event.
Here are some of the people and entities who could potentially be held liable for fireworks-related injuries:
- A municipality: If you are injured in an accident at a public fireworks show that was put on by the city, it is possible that the local government could potentially hold some liability for your losses. If the municipality was negligent in some manner (for instance, if the city failed to hire properly-trained technicians to conduct the fireworks display, or did not acquire the proper permits) and you were injured as a result, you could have grounds to pursue compensation from the local government.
- Fireworks operator: If you are injured at a public fireworks display, the fireworks operator (or the company they work for) could also potentially be liable for your injuries and other losses. If the company failed to properly vet their employees, neglected to provide adequate training, or used poorly maintained equipment, you could hold them responsible.
- Private property owner: For fireworks injuries that occur at a private residence, you might be able to hold the homeowner liable, or at least partly liable. While it can be awkward to seek compensation from a friend, family member, or acquaintance, homeowners’ insurance policies typically cover injuries suffered on the policyholder’s property. Filing a claim with the property owner’s homeowners’ insurance policy allows you to avoid directly suing someone you know.
- Fireworks manufacturer: If you were injured in a fireworks accident that occurred due to a manufacturing defect, you might be entitled to pursue compensation from the fireworks manufacturer. For instance, if the firework exploded too early because of a design flaw, or the manufacturer failed to include proper instructions and warning labels on their products, then you might have a case against the company who sold and marketed the fireworks.
Contact a Duluth Fireworks Accident Attorney Today
If you were injured in a fireworks accident that was caused by someone else’s negligence this July 4, you might be entitled to recover compensation. To have the best chance of obtaining the financial relief you need, you should consider hiring an experienced Georgia fireworks accident attorney to handle your case.
At Brauns Law Accident Injury Lawyers, PC, our Duluth personal injury attorneys have experience helping clients who have been injured in fireworks accidents seek the compensation they need to pay for medical costs and other expenses. Contact us today at 404-418-8244 for a free consultation.
