Firework Safety and Legal Recourse for Injuries

As the excitement of fireworks lights up the night sky during celebrations, it's essential to remember the risks involved. According to the Consumer Product Safety Commission, in 2020 alone, there were over 15,600 firework-related injuries treated in emergency rooms across the United States. This startling statistic underscores the importance of firework safety and the need for vigilance to prevent accidents and injuries.

Firework safety is crucial during celebrations like the Fourth of July and New Year's Eve when fireworks are most commonly used. These dazzling displays, while beautiful and entertaining, can quickly turn dangerous if proper precautions are not taken. Ensuring that fireworks are handled responsibly can prevent injuries, property damage, and even fatalities. Simple measures, such as following the manufacturer's instructions, keeping a safe distance, and supervising children, can significantly reduce the risk of accidents.

Firework Safety

General Safety Tips

Ensuring the safe use of fireworks can prevent accidents and injuries. Here are some essential general safety tips to keep in mind:

• Always follow the manufacturer's instructions: Each type of firework comes with specific guidelines for safe use. Reading and adhering to these instructions is crucial for preventing mishaps.
• Keep a safe distance from fireworks: Spectators and those igniting fireworks should maintain a safe distance to avoid burns and injuries from unexpected explosions or errant sparks.
• Never allow young children to handle fireworks: Fireworks should be handled only by adults or under close adult supervision. Even seemingly harmless fireworks like sparklers can cause severe injuries to young children.
• Use fireworks in open, clear areas away from buildings and flammable materials: Fireworks should be set off in spacious, open areas to minimize the risk of fire or damage to structures and ensure that spectators are safely away from the launch site.

Specific Tips for Different Types of Fireworks

Different fireworks have unique characteristics and risks, requiring specific safety measures:

• Sparklers: While popular, sparklers burn at extremely high temperatures and can easily cause burns. Use sparklers with caution, especially around children. Always supervise their use and ensure that sparklers are held at arm's length and away from the body.
• Firecrackers: Firecrackers should always be placed on the ground before lighting. Never hold a firecracker in your hand, as this can result in severe hand injuries. Make sure to light them one at a time and quickly move away.
• Aerial Fireworks: These fireworks are designed to shoot into the sky and explode. Ensure that they are securely placed in a launch tube or stand to prevent tipping over. Always light aerial fireworks from a safe distance and never lean over them while lighting.

Preparation and Precaution

Taking preparatory steps and exercising caution can further enhance safety:

• Have a bucket of water or a hose nearby: In case of a fire or malfunction, having water readily available can quickly extinguish any flames and prevent the fire from spreading.
• Wear safety glasses: Protect your eyes from sparks, debris, and the intense light emitted by fireworks. Safety glasses can prevent serious eye injuries.
• Do not consume alcohol while handling fireworks: Alcohol impairs judgment and coordination, increasing the risk of accidents. Stay sober while setting off fireworks to ensure a clear mind and steady hands.

South Carolina Firework Laws

Legal Fireworks

Types of Fireworks Allowed in South Carolina

In South Carolina, residents are permitted to purchase and use a variety of consumer fireworks. These include:

• Sparklers: Popular for their simplicity and bright, colorful sparks.
• Fountains: Stationary fireworks that emit showers of sparks and sometimes produce whistles and crackles.
• Roman Candles: Long tubes that eject colorful stars and other effects.
• Aerial Shells and Mortars: Fireworks that launch into the air and explode into various patterns.
• Firecrackers: Small explosive devices that produce a loud bang.
• Multi-tube Devices: Also known as "cakes," these consist of several tubes connected together, firing multiple effects in sequence.

Age Restrictions for Purchasing and Using Fireworks

To purchase and use fireworks in South Carolina, individuals must adhere to age restrictions designed to enhance safety:

• Minimum Age: You must be at least 16 years old to purchase and use fireworks.
• Supervision: It is recommended that adults closely supervise any use of fireworks by minors to ensure safety and compliance with the law.

Illegal Fireworks

Types of Fireworks Prohibited in South Carolina

While many consumer fireworks are legal, South Carolina prohibits certain types of fireworks to ensure public safety:

• Large Rockets: Fireworks with large explosive payloads.
• Cherry Bombs: Firecrackers with a significant amount of explosive material.
• M-80s and M-100s: Extremely powerful firecrackers known for their explosive power.
• Altered Fireworks: Any fireworks that have been modified or altered from their original state.

Penalties for Using Illegal Fireworks

Using prohibited fireworks can result in significant legal consequences:

• Fines: Individuals caught using illegal fireworks may face fines.
• Confiscation: Law enforcement has the authority to confiscate illegal fireworks.
• Possible Arrest: In severe cases, individuals may be arrested and charged with misdemeanor offenses.

Permits and Local Ordinances

Requirements for Obtaining Permits for Large Displays

For larger, professional firework displays, obtaining the appropriate permits is crucial:

• Application Process: Organizers must submit an application to the local authorities, detailing the type and scope of the display.
• Safety Measures: The application must demonstrate adherence to safety guidelines, including fire prevention measures and crowd control.
• Inspection: Local fire departments may inspect the display setup to ensure compliance with safety standards.

Local Restrictions and Ordinances That May Apply

In addition to state laws, local municipalities may have specific ordinances regulating firework use:

• Noise Restrictions: Some areas may have noise ordinances that limit the time and duration fireworks can be used.
• Fire Bans: During periods of high fire risk, local authorities may impose temporary bans on firework use to prevent wildfires.
• Zoning Laws: Certain areas, such as densely populated neighborhoods or near hospitals, may have restrictions on firework use to ensure public safety.

Legal Recourse for Firework Injuries

Understanding Liability

Who Can Be Held Liable for Firework Injuries?

Liability for firework injuries can fall on various parties, depending on the circumstances of the incident:

• Homeowners: If the injury occurs on private property, the homeowner may be liable, especially if they failed to ensure a safe environment or provided fireworks to minors.
• Event Organizers: Organizers of public fireworks displays must adhere to strict safety regulations. Failure to do so can make them liable for any resulting injuries.
• Manufacturers: Firework manufacturers can be held responsible if the injury resulted from a defect in the fireworks, such as faulty design or manufacturing errors.

Homeowners, Event Organizers, and Manufacturers' Responsibilities

• Homeowners: Must ensure that fireworks are used safely on their property, comply with local laws, and avoid providing fireworks to individuals who are not legally permitted to use them.
• Event Organizers: Must obtain necessary permits, ensure the display area is safe, and follow all safety guidelines and regulations.
• Manufacturers: Must produce fireworks that meet safety standards and provide clear instructions for safe use.

Filing a Claim

Steps to Take Immediately After an Injury

• Seek Medical Attention: The first and most crucial step is to get medical help for the injured person.
• Report the Incident: Notify local authorities or event organizers about the injury, ensuring that an official report is filed.
• Document the Scene: Take photographs of the scene, the fireworks involved, and any visible injuries. This documentation can be critical for a legal claim.

Importance of Gathering Evidence

Gathering comprehensive evidence is essential for supporting a legal claim:

• Photos: Capture the scene, the fireworks, and the injuries sustained.
• Witness Statements: Collect contact information and statements from anyone who witnessed the incident.
• Medical Records: Keep detailed records of all medical treatments and expenses related to the injury.

Types of Legal Claims

Personal Injury Claims

• Claims filed by an individual who has been injured due to another party's negligence or intentional act.
• The plaintiff must prove that the defendant's actions or lack thereof directly caused the injury.

Product Liability Claims Against Manufacturers

• Claims against manufacturers for injuries caused by defective products.
• The plaintiff must demonstrate that the fireworks were defective and that the defect caused the injury.

Negligence Claims Against Individuals or Organizers

• Claims based on the premise that the defendant failed to exercise reasonable care, resulting in injury.
• The plaintiff must prove that the defendant's negligence directly led to the injury. This can apply to homeowners who allowed unsafe firework usage or event organizers who failed to follow safety protocols.

Compensation

Types of Compensation Available

• Medical Expenses: Covers all medical costs related to the injury, including hospital stays, surgeries, medications, and rehabilitation.
• Lost Wages: Compensation for income lost due to the inability to work while recovering from the injury.
• Pain and Suffering: Compensation for physical pain and emotional distress resulting from the injury.

Factors Affecting the Amount of Compensation

• Severity of Injury: More severe injuries typically result in higher compensation due to increased medical costs and greater impact on the victim's life.
• Degree of Negligence: The extent of the defendant's negligence can affect the compensation amount. Gross negligence may lead to higher awards.
• Impact on Quality of Life: If the injury leads to long-term or permanent disability, compensation may be higher to account for ongoing care and loss of quality of life.

Despite taking precautions, accidents can still happen. When they do, it's vital to know your legal rights and the recourse available for firework-related injuries. Understanding the steps you can take after an injury can help you secure the compensation you may need for medical bills, lost wages, and other damages. Legal recourse is available for those injured due to negligence, defective products, or illegal use of fireworks, and knowing how to navigate this process is essential for protecting your rights.