The shock and confusion that follow a fireworks accident can be completely overwhelming. One moment, you’re enjoying a backyard celebration and the next, a sudden, deafening bang changes your life in an instant. If illegal or defective fireworks injured you or someone you love, you likely have urgent questions about your mounting medical bills, your future, and your legal rights.
In this guide, we will explain New York City’s strict fireworks laws, who can be held responsible for your injuries, and the steps you can take to secure the full and fair compensation you deserve.
Just How Dangerous Are Fireworks in NYC?
Fireworks accidents are not rare incidents but a serious and growing public safety issue across the city and the nation. These are not minor mishaps; they’re events that often result in severe burns, eye injuries, amputations, and lasting trauma.
According to local reports, NYC recorded 36 fireworks-related emergency room visits in 2023, highlighting a disturbing local trend. This problem extends far beyond our city’s borders. Nationally, the US Consumer Product Safety Commission reported a staggering 14,700 fireworks-related injuries in 2024.
Who Is Legally Responsible for a Fireworks Injury?
Negligence means that someone had a duty to act with reasonable care, they breached that duty, and their failure caused your injuries. In New York City, where consumer fireworks are illegal, proving negligence is often straightforward.
Several parties can be held liable for a fireworks accident.
The Individual Who Used the Fireworks
This is the most direct form of liability. Since possessing and setting off consumer fireworks is illegal in NYC, the very act is considered inherently negligent. The person who lit the fuse is almost always a primary defendant in an injury claim.
The Property Owner or Renter
Premises liability law holds property owners responsible for ensuring their property is kept reasonably safe for anyone who visits or is invited onto the premises. Therefore, knowingly allowing guests to use illegal fireworks on their property is a clear breach of this duty. If you were injured at a party in a neighbor’s backyard, both the person who lit the firework and the homeowner could be held responsible.
Event Organizers and Promoters
For larger gatherings, such as private parties or community events, the organizers have a responsibility to ensure public safety. They can be held liable if they failed to implement proper safety measures, hired unqualified pyrotechnicians, or otherwise created a dangerous environment that led to an injury.
Manufacturers or Distributors of Defective Fireworks
Sometimes, an accident happens not because of user error, but because the firework itself was faulty. If a device breaks or doesn’t work properly because of a design or manufacturing flaw, product liability law comes into play. For example, if a firework explodes prematurely or fires in the wrong direction, the manufacturer or distributor/seller can be held accountable for the resulting harm.
The Pieces of Evidence That Matter Most
Proving negligence is essential in any successful fireworks injury claim. At our firm, our process is built on meticulous case preparation; we work to gather every piece of critical evidence to build the strongest possible case for our clients. This way, you focus on your recovery, while we focus on securing the proof.
The moments after an accident can be chaotic, but if you are able, gathering the following evidence can be vital.
| Type of Evidence | Why It’s Important | What to Do |
|---|---|---|
| Photos and Videos | Visually document the scene, the fireworks used, and the immediate injuries. This creates a powerful, undeniable record. | Safely take pictures of the location, any firework debris, property damage, and your injuries as soon as possible. |
| Witness Information | Independent accounts corroborate your version of events and can establish who was negligent. | Collect the names and phone numbers of any witnesses to the accident, as their testimony could be invaluable. |
| Medical Records | These officially link the accident to your injuries and documents the full extent of the harm and the cost of treatment. | Seek immediate medical attention, even for what seems like a minor injury. Make sure to follow your doctor’s instructions and keep detailed records of each visit. |
| Incident Reports | A report from the police or fire department serves as an official record of the event, typically including important details and witness accounts. | If authorities were present at the scene, be sure to obtain the report number and request a copy of their official documentation. |
What Compensation Can You Recover in a Fireworks Accident Claim?
Our personal injury attorneys have represented many clients with severe injuries, so we understand that a claim must cover the full spectrum of harm. Claims do not only pertain to initial medical bills, but also the long-term physical, financial, and emotional costs.
In a successful claim, you may be able to recover compensation for:
- Economic damages, or tangible financial losses you have suffered, such as:
- All medical expenses (past and future)
- Emergency room visits, surgeries, and hospital stays
- Rehabilitation and physical therapy
- Lost wages and income
- Diminished future earning capacity
- Noneconomic damages compensate you for the profound, nonfinancial impact of the injury, including:
- Pain and suffering
- Emotional distress and mental anguish
- Permanent scarring or disfigurement
- Loss of enjoyment of life
| Related reading: When to Hire a Personal Injury Lawyer in New York |
How Our Firm Can Make a Difference in Your Case
As you deal with life after a traumatic injury, you need an advocate who can handle the legal complexities.
At Keith D. Silverstein & Associates, we begin by listening to your story to develop a personalized legal strategy tailored to the unique facts of your case and your specific needs. We believe in guiding clients through the legal process with clear communication and compassion, ensuring you’re never in the dark about the status of your case and always have your questions answered.
Insurance companies often try to minimize or deny claims, but our team is known for aggressive advocacy and meticulous trial preparation. We will fight assertively to help you secure the maximum compensation you deserve.
If you or a loved one was harmed in a fireworks accident, contact Keith D. Silverstein & Associates today for a free, no-obligation consultation. Call our legal offices or leave us a message.
