Fireworks safety and liability in California
With summer in full swing and Fourth of July festivities on the horizon, one issue that is important to consider for Californians is fireworks safety and liability. Each year serious injuries, including severe burns, fatalities, and millions of dollars in property loss occur from fires sparked by fireworks. Last year alone, there were numerous fireworks-related incidents in Southern California surrounding the Fourth of July holiday, including three deaths, one of them a minor child.
Fireworks Laws and Regulations in California
California has zero tolerance for the sale and use of dangerous fireworks, and it is illegal to sell, transport, or use fireworks that do not carry the State Fire Marshal “Safe and Sane” seal. Most communities have local ordinances and fire safety codes that regulate the purchase, sale and handling of fireworks. Some California counties have hosts liability provisions providing additional fines and penalties for violations.
Civil Liability for Fireworks Accidents in California
Aside from severe felony criminal charges, property owners can also be held responsible civilly for injuries and property damage resulting from the negligent or illegal use of fireworks under several legal theories, including negligence and premises liability. Liability may depend on several factors such as whether the homeowner
- possessed illegal and/or dangerous fireworks
- exercised control over the activity
- created hazardous conditions
- tacitly approved unsafe use
Strict liability is generally uncommon, as fireworks are not considered an inherently ultrahazardous activity except in specific contexts such as public professional displays controlled under statutes and regulations.
Potential Defenses For California Homeowners:
Fireworks accidents can be complex, and property owners may attempt to dispute liability by claiming a number of defenses, including that the injured party:
- used the fireworks without permission or knowledge of the homeowner
- was contributorily negligent in the handling of the fireworks
- assumed the risk inherent in setting off the fireworks
Contact The Law Offices of Ali Taheripour
At the Law Offices of Ali Taheripour, we have over twenty-five years of experience helping our clients navigate the legal process in Los Angeles, Woodland Hills, and throughout California in personal injury cases, including premises liability. We offer an individualized approach to every case, based on our clients’ specific needs and the particular facts. The Law Offices of Ali Taheripour is dedicated to helping victims of fireworks accidents secure the compensation they deserve and safeguard their rights. Each case is unique, and the amount of compensation depends on many factors such as the severity of your injuries, and the circumstances of the accident.
Contact us today to discuss your case.