Fireworks Injury Data and When You Can Sue for Firework Injury in Texas

It’s time to dust off the BBQ pits and bust out your lawn flags — Independence Day is less than a week away.

We hope you have a wonderful time with family and friends if you celebrate — however, this time of year is tragically overshadowed by injuries and loss of loved ones across the nation. Fireworks killed 8 people and injured 9,700 last year in the days leading up to and shortly after the 4th of July.

In an effort to better understand why these injuries are happening, the Consumer Product Safety Commission (CPSC) conducted an analysis of the reported injuries in 2023¹. Here’s what they found.

Victim Demographics

Some groups are more at risk for a firework injury than others. Here are some key statistics from the report:

• Men were more likely to suffer injury (67%) than women (33%),
• Children younger than 15  suffered 31% of injuries, as did adults between the ages of 25 and 44,
• Seniors (65+) accounted for only 5% of total injuries,
• Victims between 15 and 19 years old had the highest rate of injury requiring ER treatment (4.5 injuries per 100,000), followed by children between the ages of 5 and 9 years old (4.0 injuries per 100,000).
• Injury rates decreased from 2022 across all demographics except for children ages 5 to 9 and young adults ages 20 to 24, which increased.

Injury Type and Severity

Common trends surfaced in regard to injury type and severity for all demographics.

• 66% of injuries were only treated in emergency rooms,
• Roughly 18% of victims were hospitalized,
• Burns were the most common injury suffered, accounting for 42% of total injuries,
• 5 victims reported suffering long-term injuries,
• The parts of the body most likely to be injured are the hands and fingers (35%), the head, face, and ears (22%), the eyes (19%), the backside (11%), and the legs (8%).

Causes and Firework Type

The most common reason for fireworks injury was misuse, followed by firework malfunction. The type of fireworks that caused these injuries are as follows:

1. Miscellaneous (31%): This includes Roman Candles (5%), Novelties (2%), Sparklers (12%), Fountain (unknown), Reloadables (6%), and Multi-Tube fireworks (6%).
2. Firecrackers (12%): Ranging from small (4%), illegal (2%), and unspecified (7%).
3. Rockets (8%): Including bottle rockets (2%) and other rockets (6%).
4. Homemade or Altered (3%)
5. Unknown: (46%)

Less than 50 injuries took place at a public event.

When You Should Consider a Lawsuit for a Firework Injury

Fireworks can sometimes cause life-threatening or permanent injuries or result in the tragic loss of a loved one. If negligence was involved in your fireworks accident, you may be able to file a personal injury or wrongful death claim.

In Texas, negligence is proven by showing:

1. You were owed a duty of care,
2. The person/business who caused your fireworks injury neglected that duty,
3. That neglect of duty caused your injury,
4. You suffered damages as a result.

For example, stores/stands can be liable for selling defective fireworks. Event organizers can be responsible for injuries to invited attendees. Your neighbor could be responsible for an injury on their property.

As a general rule of thumb, your injuries need to be severe or permanent to make a lawsuit worthwhile. It is difficult to show damages for minor injuries. If you are seriously or permanently injured in a firework accident, or if you lost a loved one in a firework accident, you should reach out to an attorney for a consultation to discuss your legal options.

You cannot sue for damages if you caused or greatly contributed to your injury.

Injured in a Fireworks Accident? Call Carabin Shaw.

If a fireworks accident injured you, you may be eligible for compensation for things like:

• Ambulance Costs,
• ER Treatment,
• Surgeries,
• Pain and Suffering,
• PTSD/Trauma,
• Wrongful Death,
• And More.

We can help you find out for free.

Call Carabin Shaw at 800-862-1260 for a free case evaluation with one of our personal injury attorneys. We look forward to serving you.

Contacting a Carabin Shaw attorney is free and does not obligate you to work with the firm.

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¹CPSC Fireworks Special Report (2023)