Firework Injuries

On average nearly 13,000 people are injured by fireworks every year. There are several explanations as to why ranging from a simple lack of knowledge on how to properly ignite them to uncontrollable factors such as the weather. However, the majority of firework injuries occur when people are impaired by drugs or alcohol. According to a 2019 fireworks report, it was stated that 66% of all firework injuries occurred in the month of July due to the 4^th of July holiday. [I] When fireworks go array, the most common type of firework injuries are burn-related.

Types of Injuries Caused by Fireworks

Burns

There are three different degrees of burns that can occur when a person suffers from a firework injury. The severity of a burn is determined by the depth of the injury and the extent of the body surface that is injured. The location of the burn also plays a role in determining the degree of the burn because some areas are more susceptible to infection than others.[ii] Lastly, the age of the patient and whether or not they have a pre-burn medical history also dictate what degree of burn the individual has.

First Degree Burns

First degree burns are the least severe type of burn and does not require treatment by a medical professional. This burn can be treated at home by applying cool, not cold, water to the affected area. Cold water should be avoided as it can increase damage to the area. After the water is applied the affected area should be covered with a sterile moist dressing in order to prevent potential infection.

Second Degree Burns

Second degree burns occur when the skin is exposed to high heat for a longer period of time and the burn affects more than just the top layer of the skin. This type of burn will most often cause blistering. In order to treat a second degree burn, a person needs to immediately run the burnt area again under cool, not cold, water for ten to twenty minutes. After that, it is advised that a sterile moist dressing is applied once the skin is cooled. With second degree burns it is important that the individual does not apply ointment or break burn blisters because this creates an easy and accessible pathway for bacteria to get into the wound. Second degree burns might constitute professional medical treatment depending on the size of the area affected. If the burn is larger than the victim’s palm, they should seek additional medical attention immediately.

Third Degree Burns

Third degree burns are the most severe type of burn and always requires professional medical attention. In this degree, it is not uncommon for the victim to feel as much pain as a minor burn because third degree are deep injuries that cause serious damage to nerve endings. When a third degree burn occurs, the victim should remove any clothing that is touching the burned area unless it is stuck in the affected skin. Attempting to remove stuck clothing will cause further scarring and irritation to the burned skin. It is important to let a doctor remove any clothing or jewelry because they can trap heat onto the skin and restrict blood flow to the area if it starts to swell. In most circumstances, doctors will cut as much clothing as possible out of the burnt area and remove the rest once the area has healed. [iii] Once the clothing is removed, run through cool water and cover the area in addition to not breaking blisters or applying ointment.

Eye Injuries

Eye injuries can occur frequently when fireworks are ignited. If a spark or a piece of debris were to get in a victim’s eye, they should cover it with a plastic cup in order to create a shield and prevent exposure and friction to the area. The victim should not rub or flush their eye nor take any medication or apply ointment. They should immediately seek professional medical attention once the injury has occurred. In rare cases, if the victim were to lose a limb like a finger, toe, etc. they should cover the appendage with gauze. If an appendage is no longer attached to the body, the victim should place the missing appendage in a sterile bag and then place the bag on ice. If the body part is directly placed on ice, it can further the damage to the tissue. [iv]

Types of Fireworks that Lead to Injuries

According to Nationwide Children’s Hospital, the types of fireworks that cause the most injuries are firecrackers, sparklers, and bottle rockets. Children that are younger than 15 account for one out of the four firework-related injuries.[v] Those injuries tend to occur the most on and around the 4^th of July. Sparklers are the leading type of firework that led to injury, accounting for 28% of injuries in both children and adults. A common misconception thought by many parents is that sparklers are considered to be “safe fireworks”. However, this is incorrect as they can easily ignite clothing and reach to temperatures of 1800 degrees. In the 2019 firework annual report, it stated that nearly half of estimated emergency department-treated, fireworks-related injuries were to individuals younger than 20 years of age. In the report it also specified that hands and fingers were to individuals younger than 20 years of age. There was also mentioning that hands and fingers were the parts of the body that were most often injured accounting for 30% of the injuries. Legs accounted for 23%, eyes for 23%, eyes for 15%, the head, face, and ears accounted for 15%, and arms accounted for 10%.

Jason Pierre-Paul’s Firework Injury

Most firework injuries typically come from an individual improperly using the product however, some accidents have occurred from design defects and improper warnings. Other causes of firework failures that result in injury can include when instructions are unintentionally left out of the packaging or when a person combines a homemade product with a firework causing it to explode improperly. One of the most famous firework injuries occurred on July 4, 2015, in Florida to Jason Pierre-Paul, who was a defensive end for the New York Giants at the time. In Jason’s case, the firework kept failing to light due to the wind which caused an eruption. [vi] This eruption resulted in the loss of his index finger and severe damage to the rest of his right hand.

Lawsuits Associated with Fireworks

When the Manufacturer is at Fault

There are many lawsuits that can result if a firework injury occurs. A manufacturer may be held accountable under a couple of different circumstances. If proper instructions are not listed on every package that is made by that specific company the manufacturer may find themselves at fault. A firework may also be poorly made which may lead it to ignite incorrectly which may result in an explosion. Manufacturers are responsible for following rules and guidelines that their specific state lays out, but sometimes that does not always happen.

When the Host is at Fault

If the individual was injured at a firework show, then those responsible for hosting the show can be held liable for failing to properly train their employees and protecting the attendees. For example, in 2013 there was a firework show in California in which 39 people were injured when a defective shell exploded prematurely in its mortar. The premature explosion caused it to knock over the other fireworks and some were aimed across the field towards the attendees. According to USA Today, the state of California requires crowds to be kept 70 feet away for every inch of diameter of the largest shell. The people in charge of the show failed at implementing this rule which resulted in several members of the crowd getting injured. The common type of lawsuit that plaintiffs sued the host of the show for was negligence.

When a Third Party is at Fault

In other cases of firework injuries, a third party may be to blame. In July of 2019, a 19-year-old suffered an injury to his testicles when an acquaintance lit fireworks without his knowledge which then exploded in his lap. In this particular case, there would be two defendants, the man who lit the fuse and the homeowner of the property where the fireworks were ignited.[vii] All personal injury lawsuits resulting from fireworks vary on the type of damages suffered and who was involved in the accident.

Damages Associated with Firework Lawsuits

When determining the damages of a firework-related injury, it is important to consider every aspect the individual went through. To begin, the first item to consider is usually medical expenses. Medical expenses entail all medical treatment the client had to receive resulting from the firework injury. On top of that, if the individual’s injuries require them to miss work, then they are also entitled to any compensation for any wages lost during that time. In rare cases, if the injuries caused permanent damages that result in the individual losing the ability to no longer perform the same job duties they did prior to the accident, then they are entitled to compensation for all lost future earnings as well. The final consideration for compensation is to determine if the individual is entitled to pain and suffering that was associated with the injury. [viii]

Fireworks are a great way for Americans to celebrate Independence Day however when proper safety precautions are not followed serious injuries can occur. To prevent serious injuries it is important that every individual reads and follows the instructions on the firework that is being ignited in order to avoid a potential accident. However, if an individual does follow all instructions, takes the proper precautions, and still becomes injured then they should seek legal representation.

Written by:

Anna Simnak
Law Clerk
WATTS GUERRA LLP
Four Dominion Drive, Bldg. Three, Suite 100
San Antonio, Texas 78257
Phone: (210) 447-0500

Frank Guerra
Board Certified – Personal Injury Law
Texas Board of Legal Specialization
WATTS GUERRA LLP
Four Dominion Drive, Bldg. Three, Suite 100
San Antonio, Texas 78257
Phone: (210) 447-0500

Be sure to follow us on Instagram and Facebook to see more Watts Guerra news!

[i]https://www.cpsc.gov/s3fs-public/2019-Fireworks-Annual-Report.pdf?La_ZzaoEeI_FXhMNJSoIyO8BhrBbcA4B#:~:text=Fireworks%20were%20involved%20with%20an,is%203.1%20per%20100%2C000%20individuals.

[ii] https://www.hartdavidcarson.com/news/how-much-are-fireworks-related-injuries-worth/

[iii] http://www.ccbtr.com.au/burn-first-aid/

[iv] https://www.boystownpediatrics.org/knowledge-center/fireworks-injury#:~:text=To%20treat%20a%20burn%20of,palm%2C%20seek%20additional%20medical%20attention.

[v] https://www.nationwidechildrens.org/research/areas-of-research/center-for-injury-research-and-policy/injury-topics/sports-recreation/firework-safety#:~:text=The%20types%20of%20fireworks%20that,are%20the%20most%20common%20injury.

[vi] https://www.si.com/nfl/2016/04/12/jason-pierre-paul-giants-fireworks-destroyed-hand-exclusive#gid=ci02554dadc0082580&pid=jason-pierre-paul-hand-jpp-stills08_0jpg