Fireworks are a hallmark of American celebration, especially during major holidays like the Fourth of July and New Year’s Eve. Families and friends gather in backyards, driveways, and neighborhoods to light up the night sky. While these moments create lasting memories, they also come with real risks—especially when fireworks are handled irresponsibly or in unsafe environments.
Every year, thousands of people are injured by fireworks across the country. These injuries range from minor burns to severe trauma, including eye injuries, lost fingers, and even permanent hearing loss. Property damage is another concern, as stray sparks or malfunctioning fireworks can easily ignite fires or damage homes, vehicles, and landscaping.
Unfortunately, many of these incidents happen on private property—where legal responsibility can become unclear, especially when children, guests, or neighbors are involved. What starts as a night of celebration can quickly become a situation involving emergency responders, hospital visits, and legal claims.
In California, premises liability law holds property owners and occupiers legally responsible for injuries that occur on their property due to unsafe conditions or negligent behavior. This includes incidents involving fireworks. If someone is injured because a property owner failed to act reasonably to prevent harm, that owner may be held liable for damages.
The law doesn’t just apply to obvious dangers—like a broken stair or an unfenced pool—it also covers situations where the use of fireworks creates foreseeable harm, either from improper use, lack of supervision, or violation of local safety regulations.
Property owners owe a duty of care to invited guests. This means they are expected to take reasonable steps to ensure the property is safe and to warn guests of any known dangers. When it comes to fireworks, this duty includes:
Liability can vary depending on the legal status of the injured party:
If the property owner or event host is the one setting off the fireworks, they may be liable for any resulting injuries or damage—especially if they used the fireworks in a careless or illegal manner. For example, lighting fireworks too close to guests, using them near dry brush, or failing to supervise children can all be considered negligent acts. If this negligence directly leads to someone being hurt, the injured party may have a valid personal injury claim against the host.
Sometimes a guest brings their own fireworks to a gathering. In these cases, liability may become more complex. While the person who lit the fireworks might bear primary responsibility, the property owner could still be held partially liable—especially if they knew about the fireworks, allowed them to be used, or failed to intervene when dangerous behavior was observed. This is part of what’s known as “social host” liability, where a host may share legal responsibility for harm caused during a social event they are controlling.
California has strict regulations on fireworks, and many types are outright banned in several cities and counties. If someone uses illegal or unpermitted fireworks, the legal consequences are much more severe. Not only can the person face criminal charges, but anyone injured may also have a stronger civil claim, since breaking the law generally increases the standard of negligence.
When illegal fireworks are involved, insurance companies may be less willing to cover damages, and the court may impose additional penalties on the person responsible.
If fireworks are set off on a rental property, it’s important to determine who had control over the premises at the time. Tenants typically hold responsibility for what happens during their occupancy, especially during private parties. However, landlords may be held liable if the injury was caused by a dangerous condition they failed to address (like improper fencing or inadequate fire safety equipment), or if they were aware of frequent illegal fireworks use and did nothing to stop it.
If someone is injured or their property is damaged by fireworks launched from a neighboring yard, the neighbor could be held liable for negligence or nuisance. For example, if a firework crosses the property line and causes a fire or hits a bystander, the injured party may have a right to file a personal injury or property damage claim.
Your health comes first. Even if injuries seem minor, burns, eye damage, or internal injuries can worsen quickly. Prompt medical treatment not only ensures your safety but also creates a medical record that can support your case if you pursue legal action later.
If you’re able, gather evidence from the scene:
If the fireworks used were illegal, or if there was significant injury or property damage, report the incident to your local fire department or police. Authorities may create official reports or conduct investigations, which can help establish liability.
It’s common for property owners or their insurance companies to try and resolve things quickly. Do not admit fault, make recorded statements, or sign any documents without consulting a qualified attorney. You could unintentionally harm your case or agree to a settlement that doesn’t fully compensate you.
If you were injured by fireworks on someone else's property, winning a personal injury claim depends on proving that the responsible party was legally at fault. This process can be complex, but it centers around four main elements of negligence:
The first step is showing that the responsible party—often a property owner or host—owed you a duty of care. In California, homeowners generally have a legal obligation to maintain safe conditions for invited guests and to prevent foreseeable harm, including the unsafe use of fireworks.
Next, you must demonstrate that the homeowner or another responsible person breached their duty by acting carelessly or unlawfully. Examples might include allowing unpermitted fireworks, failing to supervise children using explosives, or ignoring known hazards on their property.
You also need to prove that this breach of duty directly caused your injury. For instance, if you were burned because a firework was launched too close to a group of people, and that decision was negligent, causation can be established.
Finally, you must show that you suffered actual damages—this includes physical injuries, medical expenses, lost wages, emotional distress, and pain and suffering.
To build a strong claim, your attorney may rely on:
Fireworks can bring moments of joy—but when used carelessly or illegally, they can also cause devastating injuries and legal complications. Understanding who may be held liable is crucial, especially when these incidents happen on private property where multiple parties may be involved.
Whether you were hurt as a guest, a neighbor, or even a passerby, you don’t have to navigate the legal aftermath alone. At the Law Offices of Tim D. Wright, we’re here to help you make sense of your options and fight for the compensation you deserve. We handle every case with compassion, professionalism, and a deep understanding of California’s personal injury laws.
📍 Personal Injury Office
1112 W. Burbank Blvd., Suite 302, Burbank, CA 91506
📞 (323) 379-9995
📍 Workers’ Comp Office
16555 Sherman Way, Suite B2, Van Nuys, CA 91406
📞 (818) 428-1080
📧 Email: firm@timwrightlaw.com
🌐 Website: www.timwrightlaw.com
Follow us on social media for legal tips and community news:
Facebook | Instagram | Twitter
