Whether you live in a large Texas city or a rural community, fireworks are a fun summer tradition. However, they can be dangerous, especially for children. Last year alone, 14,700 people were treated for fireworks injuries in emergency rooms, and sadly, 11 people passed away, per the Who Is Responsible When Professional Fireworks Shows Go Wrong?
When most people think of fireworks injuries, they immediately think of backyard mishaps. However, professional fireworks shows are not risk-free and can quickly turn dangerous, especially if safety protocols are not strictly followed or something malfunctions.
Our team of child injury lawyers has seen firsthand how children can be seriously hurt at professional fireworks shows when event organizers cut safety corners, such as failing to properly secure the launch site or allowing families to sit too close to the display zone. The most common incidents involve the following:
- Misfired fireworks or poorly aimed pyrotechnics
- Malfunctioning launch equipment
- Improperly controlled crowds and poorly restricted spectating areas near hazardous conditions
When a child is hurt at a fireworks show in Texas, parents can try to hold the responsible party or parties accountable by filing a personal injury claim and taking legal action against:
- The event organizers or city municipality
- The fireworks company or contractor
- The property owner where the event was held
In Texas, these parties have a duty of care to ensure fireworks are handled and used properly to keep workers and spectators safe. If your child was hurt, the parties breached that duty and can be held responsible with legal action.
Are Backyard Fireworks Dangerous?
Backyard fireworks may seem more casual and fun for kids, making them even more dangerous. Even sparklers and firecrackers, which are often viewed as being kid-friendly, are anything but. Sparklers burn at 2,000 degrees, which is hot enough to melt metals, and firecrackers are responsible for the most emergency room visits.
At-home fireworks are so risky for children because rarely are children properly trained on how to handle them safely, and often, they are used with minimal supervision by an adult. Key dangers of at-home fireworks include:
- Letting children hold or light the fireworks
- Failing to secure launch areas
- Ignoring proximity to dry grass
- Standing too close to lit fireworks
- Relighting duds (fireworks that did not ignite on the first try)
If fireworks hurt your child in someone else’s backyard, whether it be at a party, a neighborhood get-together, or a playdate at a neighbor’s house, you still have the right to hold the adults accountable, even if they are your neighbors. This is called premises liability, meaning your child was injured because of an unsafe condition or hazard on someone else’s property.
When it comes to a child’s fireworks injuries, the following people could be held responsible in a premises liability lawsuit:
- The homeowner who hosted the event
- The person who purchased and stored the fireworks for the event
- The adult who lit the fireworks for your child
- Anyone who supplied fireworks, especially if it is illegal per city or county ordinances. (Many areas across Texas have bans due to the dry conditions during the hot summer months.)
What Happens If a Firework Malfunctions and Hurts My Child?
If a firework hurt your child because it exploded early, shot in the wrong direction, or did not perform as advertised, you may have a product liability claim against the manufacturer, distributor, or retailer that sold the fireworks.
In Texas, companies that make or sell defective products can be held liable for injuries.
Do I Need to Get a Lawyer Involved If Fireworks Hurt My Child?
The short answer is no. However, it is in your child’s and your family’s best interest to speak with an experienced legal team like The Button Law Firm. Fireworks injuries can have severe, life-long health and quality of life consequences. You don’t have to navigate this alone. You will want someone in your corner to help you understand your legal options, from negotiations with a homeowner’s insurance company to filing a lawsuit against a negligent fireworks operator or manufacturer. Your family may be entitled to compensation to cover your child’s medical bills, ongoing care, emotional trauma, and other damages you might be owed from an incident involving fireworks.
Our child injury lawyers work on contingency, so contacting us will not cost you any money. Get a free case evaluation by calling 214-699-4409 or emailing us at intake@buttonlawfirm.com. We will be ready to speak with you and advise you on the best way to help your child and family move forward after a fireworks injury.
Did Fireworks Seriously Injure Your Child? Contact The Button Law Firm.
If your child was seriously injured by fireworks or pyrotechnics anywhere in Texas, contact our experienced Texas child injury lawyers at The Button Law Firm. With lawyers in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our lawyers at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409, email us at intake@buttonlawfirm.com, or fill out a contact form for a free case evaluation.
