Author: Shelby Benavidez 

Contributing Attorney: Matthew Brunell, attorney 

Picture this: itโ€™s New Yearโ€™s Eve, and the air is buzzing with excitement. Maybe youโ€™re at a backyard gathering with family, or watching friends light sparklers down the street. The sky lights up with bursts of color, laughter fills the air, and for a moment, everything feels magical. Fireworks are a part of our traditions โ€“ they bring people together and create memories that last a lifetime. 

But sometimes, that magic comes with a hidden danger. A firework that misfires, a spark that lands in the wrong place, or even a small sparkler can turn a celebration into a trip to the emergency room. Burns, eye injuries, and serious accidents happen more often than we realize. 

Knowing what injuries are most common, how to handle fireworks safely, and your legal rights if something goes wrong can make the difference between a story you laugh about later and a story that changes your life. With a few simple precautions and some awareness, you can enjoy the show without putting yourself or your loved ones at risk. 

Understanding Firework Injuries 

Most Common Firework Injuries 

Fireworks can cause a wide range of injuries, from minor burns to permanent disabilities. The most common injury from fireworks is burns to the hands, face, and arms. Fingers are particularly vulnerable when lighting fireworks. Severe cases may involve amputation. Even sparklers, which seem harmless, can reach temperatures of up to 2,000 degrees Fahrenheit

Eye and ear injuries are other common firework injuries. Eye injuries can range from temporary irritation to permanent vision loss. Flying debris or sparks can easily cause corneal burns or lacerations. Not to mention, fireworks are loud, and repeated exposure can damage hearing or cause tinnitus.  

What Firework Has the Most Injuries? 

According to the U.S. Consumer Product Safety Commission (CPSC), an estimated 14,700 people were injured by fireworks in 2024. Historically, firecrackers are among the most frequentlyinjured categories seen in hospitals because they explode at ground level, leaving hands, fingers, and feet particularly vulnerable.  

Sparklers are another frontrunner for firework-related injuries. Many people hand sparklers to their young children to join in the festivities, but theyโ€™re actually very dangerous because of how hot they burn โ€“ sometimes hotter than lower-end welding torches. Even though they arenโ€™t explosive, their heat and proximity to skin make them dangerous, and many children experience burns to their hands, arms, and face. In fact, sparklers were directly involved in an estimated 1,700 injuries in 2024. 

Shockingly, aerial fireworks like rockets and mortars are less commonly cited in emergency department statistics than small handheld devices. However, when they malfunction, injuries tend to be more severe. Misfires or misโ€‘aimed rockets can cause eye trauma, facial injuries, burns, and even death. 

How Bad Can a Firework Hurt You? 

Firework injuries can range from minor cuts to severe trauma requiring hospitalization. Third-degree burns, which damage all layers of the skin, often requiring surgery or skin grafts, and scarringare among the most common injuries from fireworks. 

More serious, yet common, forms of firework injuries are loss of limbs and fingers and permanent eye damage, causing blindness or loss of depth perception. While death isnโ€™t as common with firework-related injuries, it does happen. Fireworks are not toys โ€“ they are explosives, and even small mistakes can lead to major injuries. 

How to Safely Handle Fireworks 

How to Properly Do Fireworks 

Proper handling of fireworks is essential to prevent injuries. 

  1. Readย labelsย andย followย instructionsย before lighting fireworks. Manufacturersย almost alwaysย include important safety information.ย 
  1. Useย fireworks outdoorsย onlyย in open areas, away from buildings, vehicles, and dry grass.ย 
  1. Haveย safetyย equipment, such as protectiveย eyewearย and gloves, and keep aย bucket of water, a hose, or a fire extinguisher nearby.ย 
  1. Keep aย safeย distanceย andย stand far away from the ignition area.ย 
  1. Lightย oneย firework at aย time.ย Never light multiple fireworks simultaneously, as this increases the risk of accidents.ย 

Following these guidelines significantly reduces the risk of accidents. 

What Not to Do with Fireworks 

Equally important is knowing what not to do. 

  1. Neverย relight aย dudย firework.ย Wait at least 20 minutes and then soak it in water.ย 
  1. Doย notย modifyย fireworksย by cutting, altering, orย attemptingย homemade fireworks. Thisย is extremely dangerous and illegal.ย 
  1. Avoidย alcoholย whileย lightingย fireworks, asย impairment can lead to poor judgment and accidents.ย 
  1. Doย notย aimย fireworks atย people orย animals.ย Fireworks are explosives and can cause serious injuries.ย 
  1. Do not leave a child unattended with fireworks.ย Even sparklers, a common fascinator for children, can causeย serious damageย when handled improperly.ย ย 

Being aware of unsafe practices is just as important as following proper techniques. 

Who Is Responsible for Firework Injuries? 

Firework Manufacturers Liability 

The majority of firework-related injuries occur due to misuse or improper handling. However, when a firework injury occurs, itโ€™s important to know that liability may fall on multiple parties depending on the circumstances. 

Manufacturers are a common culprit for firework-related injuries due to negligence. Firework manufacturers have a responsibility to produce safe products. If a firework malfunctions due to a defect, the manufacturer may be held liable. Examples of defects include design defects, meaning the firework is inherently unsafe, even if used as intended, manufacturing defects, and failure to warn, meaning instructions or warnings are missing or unclear. 

If you believe you were injured due to a manufacturing error, you may be able to pursue a product liability claim. Proving manufacturer liability often requires expert testimony and documentation of the defect. 

Fireworks Show: Premises Liability 

Whether youโ€™re watching a fireworks show put on by your best friend, neighbor, or professional, hosts carry liability risks. For example, if organizers fail to secure the area, maintain safe distancesbetween the display and spectators, or follow legal requirements, they may be held liable for negligent set-up and operation. 

If youโ€™re injured on someone elseโ€™s property while watching a fireworks display, you may be able to pursue a premises liability claim under their homeownerโ€™s or commercial property insurance. Remember, while it may feel uncomfortable to pursue a claim against a friend or neighbor, their insurance will pay the settlement โ€“ not the individual. 

Fireworks Retailer Liability 

Retailers must also comply with safety regulations when selling fireworks. If they fail to do so, such as knowingly selling a defective product, fail to provide instructions, or sell to minors, they may also be held liable for any firework-related injuries that occur.  

Itโ€™s also important to understand that firework injury cases donโ€™t always involve just one responsible party. In many situations, liability can be shared among multiple people or businesses, depending on what went wrong. A manufacturer may be responsible for a defective product, a retailer may be at fault for improper sales or lack of warnings, and in some cases, the person who lit or handled the firework may also share responsibility. In Texas, even your own actions can impact your claim if unsafe behavior contributed to the injury. Thatโ€™s why itโ€™s critical to speak with a qualified personal injury attorney as soon as possible. An experienced attorney can evaluate the facts, determine who may be legally responsible, and guide you through the next steps to pursue compensation while protecting your rights. 

Key Takeaways: Firework Safety & Liability 

Fireworks are a cherished tradition in Texas, especially during New Yearโ€™s and other celebrations. However, they are powerful explosives that can cause serious injuries. Awareness of the most common injuries, proper handling techniques, and legal rights can help keep you and your loved ones safe. 

If you or a loved one suffered a firework injury due to someone elseโ€™s negligence, Texas law provides options to hold responsible parties accountable, whether itโ€™s a manufacturer, retailer, or event organizer. Being informed and cautious allows everyone to enjoy the beauty of fireworks while minimizing the risks. 

Celebrate safely, follow proper guidelines, and know your rights because the joy of fireworks should never come at the cost of your safety. Happy holidays!