As we enter the excitement of the festive period, fireworks are a very popular option for celebrating bonfire night and other winter celebrations. Despite their popularity, they remain a risk to health if not handled properly and have the potential to cause serious injuries.
Whilst the current legal guidelines provide routes to compensation, bringing a successful claim after a firework accident can often be more complicated than expected. As solicitors, there are a number of things to consider, from the common injuries, who might be legally responsible, the practical problems claimants often face, and steps you can take if you are injured.
Typical Dangers and Injuries
There are ways of minimising any potential risks posed by fireworks, and for safety guidance, members of the public and organisers should adhere to the official HSE fireworks advice. The advice emphasises the importance of enjoying fireworks by only going to professional, organised displays, conducted by trained and experienced technicians, with spectators made to stand in a safe location.
However, due to the fundamental aspects of fireworks, this may not always prevent injuries being caused. Common injuries faced include:
- Burns and scarring – from direct flame contact of clothing catching fire
- Blunt trauma/penetrating injuries – from mis-fired rockets or falling debris
- Eye injuries – foreign bodies, corneal burns, partial or total loss of sight
- Hearing damage – sudden loud blasts can cause permanent hearing loss or tinnitus
- Psychological injury – post-traumatic stress or anxiety after a severe incident
Who May Be Responsible
When a firework accident causes injury, identifying who is legally responsible is the first and often most difficult step. Liability will depend on where and how the incident happened, whether at a public display, a private gathering, or due to a defective product. The main potential defendants in firework injury claims include:
Event Organiser/Occupier (Public Displays)
Organisers owe a duty of care to spectators and should comply with safety guidance and licensing: where they fail, a negligence or public liability claim is possible. If the organiser is a commercial operator, they will usually carry public liability insurance.
Private Individuals
If someone negligently sets off fireworks and injures a neighbour or guest, you are eligible to make a claim. These claims are often harder to prosecute as private hosts may not be insured.
Manufacturer/Supplier (Defective Fireworks)
If a firework is defective, the Consumer Protection Act 1987 can impose strict liability on producers, importers, and retailers, making it possible to claim without proving negligence.
Criminal Acts
If a firework was thrown at someone, or used as a weapon, you will need to report it to the police; victims may be eligible for Criminal Injuries Compensation where prosecution is appropriate.
Why Firework Claims are Often Difficult
Even when injuries are serious and someone appears to be at fault, firework-related claims can be challenging to pursue. Evidence is often destroyed in the blast, responsibility can be unclear, and insurance coverage isn’t always in place. These practical hurdles mean specialist legal advice is essential from the outset.
Identifying the Correct Defendant
At public events, the correct defendant may be the display company, the landowner, or a contractor; at private events, it may be an individual with no insurance. Identifying who was in control of the fireworks is often the first major hurdle.
Evidence Preservation
Fireworks are temporary: victims who discard the remains, packaging, or fail to get witness details weaken product-defect or negligence claims. Take photos, keep clothing with damage, and retain any packaging or receipts.
Contributory Negligence
Defendants commonly argue the injured person was partially to blame (standing too close, ignoring warnings, handling fireworks). If proven, damages can be reduced.
Illegal Acts
Where a firework was used criminally (thrown, used intentionally), civil claims depend on police action and identification. If no one is convicted, an ordinary civil claim may still proceed but it is more difficult. CICA (Criminal Injuries Compensation Authority) may be an alternative route for victims of violent crime.
No or Insufficient Evidence
Private organisers often lack public liability insurance, making recovery difficult even if liability is clear. Conversely, professional organisers y are usually(but not always)s insured, giving claimants a potential defendant to pursue.
Time Pressures
Because of the three-year limitation period, which requires that most personal injury claims must be started within three years of the date of injury, as well as the need to preserve evidence quickly, delay can be fatal to a claim.
Practical Steps for Anyone Injured by Fireworks
- Seek urgent medical attention and keep records of all treatments.
- Preserve evidence: keep clothing, the fireworks (if safe), packaging, and take time-stamped photos/videos of the scene and injuries.
- Get witness details and collect any organiser details (company name, insurance details) or landlord/occupier information.
- Report criminal incidents to the police (if someone acted deliberately or illegally). This helps with CICA and powers of evidence gathering.
- Speak to a specialist personal injury solicitor promptly. They can advise on limitation, liability, evidence preservation and whether a product liability (Consumer Protection Act) claim or negligence claim is appropriate.
Comment
Firework injuries can have lasting physical and emotional consequences, and the legal process can be complex. Our specialist personal injury team is experienced in handling these sensitive and technically challenging claims. We can:
- Identify who is legally responsible, whether it’s an event organiser, occupier, manufacturer or private individual.
- Preserve and analyse key evidence, including arranging expert forensic or engineering reports where product failure or negligence is suspected.
- Advise on time limits and alternative routes to compensation, such as the Criminal Injuries Compensation Authority (CICA) where appropriate.
- Pursue your claim on a no-win, no-fee basis where eligible, ensuring you can focus on recovery while we handle the legal process.
Get In Touch
Simon Adamson is a Partner in our Personal Injury team. Simon specialises in high-value claims arising from road traffic accidents, workplace incidents, accidents in public places and fatal injuries. He also has a particular interest in cases involving psychological trauma and adopts a compassionate, knowledgeable and personable approach with every client.
At Slater Heelis, we represent individuals who have suffered injury through no fault of their own, including those harmed in firework accidents. Our team can advise on who may be liable, how to preserve vital evidence, and what routes to compensation are available.
If you or someone you know has been injured by fireworks, contact our Personal Injury specialists today on 03300 293 148 or via our contact form.
