As fireworks light up the Michigan skies during festive occasions, it's crucial to remember the potential dangers they pose. In 2020, Michigan reported over 200 firework-related injuries, highlighting the need for stringent safety measures and awareness. Fireworks are a beloved tradition, but they can quickly turn dangerous if not handled properly. Ensuring firework safety is essential to prevent injuries, property damage, and even fatalities during celebrations like the Fourth of July and New Year's Eve.

Firework safety involves following basic guidelines, such as keeping a safe distance, supervising children, and using fireworks in open, clear areas away from buildings and flammable materials. These precautions can significantly reduce the risk of accidents and ensure that celebrations remain joyous and safe. It's also important to be aware of the specific types of fireworks you are using and to handle them according to the manufacturer's instructions.

Michigan Firework Laws

Legal Fireworks

Types of Fireworks Allowed in Michigan

Michigan law permits the use of a variety of consumer fireworks, including:

• Sparklers: Simple and popular, sparklers emit bright sparks.
• Fountains: Stationary fireworks that create showers of sparks.
• Roman Candles: Long tubes that shoot colorful stars into the sky.
• Aerial Shells and Mortars: Fireworks that launch into the air and explode in various patterns.
• Firecrackers: Small devices that produce loud bangs.
• Multi-tube Devices (Cakes): Consist of multiple tubes connected together, firing a sequence of effects.

Age Restrictions for Purchasing and Using Fireworks

To purchase and use fireworks in Michigan, individuals must adhere to specific age restrictions:

• Minimum Age: You must be at least 18 years old to purchase and use consumer fireworks.
• Supervision: While there is no law mandating adult supervision for minors using fireworks, it is strongly recommended to ensure safety and compliance with all guidelines.

Illegal Fireworks

Types of Fireworks Prohibited in Michigan

Michigan law bans the use of specific fireworks due to their potential danger:

• Large Rockets: Fireworks with significant explosive power.
• Cherry Bombs: Powerful firecrackers with substantial explosive material.
• M-80s and M-100s: Extremely powerful firecrackers known for their explosive force.
• Altered Fireworks: Any fireworks that have been modified from their original state.

Penalties for Using Illegal Fireworks

Using prohibited fireworks can lead to serious legal consequences:

• Fines: Individuals caught using illegal fireworks may face fines.
• Confiscation: Law enforcement has the authority to confiscate illegal fireworks.
• Possible Arrest: In severe cases, individuals may be arrested and charged with misdemeanor offenses.

Permits and Local Ordinances

Requirements for Obtaining Permits for Large Displays

Organizers of large firework displays must obtain the necessary permits to ensure safety and compliance with state laws:

• Application Process: Submit an application detailing the type and scope of the display to local authorities.
• Safety Measures: The application must demonstrate adherence to safety guidelines, including fire prevention measures and crowd control plans.
• Inspection: Local fire departments may inspect the display setup to ensure it meets safety standards.

Local Restrictions and Ordinances That May Apply

In addition to state laws, local municipalities may have specific ordinances regulating firework use:

• Noise Restrictions: Some areas may have noise ordinances that limit the time and duration fireworks can be used.
• Fire Bans: During periods of high fire risk, local authorities may impose temporary bans on firework use to prevent wildfires.
• Zoning Laws: Certain areas, such as densely populated neighborhoods or near hospitals, may have restrictions on firework use to ensure public safety.

Firework Safety Tips

General Safety 

Firework safety is paramount to ensuring that celebrations remain enjoyable and free from accidents. Here are some essential general safety tips to follow:

• Always Follow the Manufacturer's Instructions: Each type of firework comes with specific guidelines for safe use. Reading and adhering to these instructions is crucial for preventing mishaps.
• Keep a Safe Distance from Fireworks: Spectators and those igniting fireworks should maintain a safe distance to avoid burns and injuries from unexpected explosions or errant sparks.
• Never Allow Young Children to Handle Fireworks: Fireworks should be handled only by adults or under close adult supervision. Even seemingly harmless fireworks like sparklers can cause severe injuries to young children.
• Use Fireworks in Open, Clear Areas Away from Buildings and Flammable Materials: Fireworks should be set off in spacious, open areas to minimize the risk of fire or damage to structures and ensure that spectators are safely away from the launch site.

Specific Types of Fireworks

Different fireworks have unique characteristics and risks, requiring specific safety measures:

• Sparklers: While popular, sparklers burn at extremely high temperatures and can easily cause burns. Use sparklers with caution, especially around children. Always supervise their use and ensure that sparklers are held at arm's length and away from the body.
• Firecrackers: Firecrackers should always be placed on the ground before lighting. Never hold a firecracker in your hand, as this can result in severe hand injuries. Make sure to light them one at a time and quickly move away.
• Aerial Fireworks: These fireworks are designed to shoot into the sky and explode. Ensure that they are securely placed in a launch tube or stand to prevent tipping over. Always light aerial fireworks from a safe distance and never lean over them while lighting.

Preparation and Precaution

Taking preparatory steps and exercising caution can further enhance safety:

• Have a Bucket of Water or a Hose Nearby: In case of a fire or malfunction, having water readily available can quickly extinguish any flames and prevent the fire from spreading.
• Wear Safety Glasses: Protect your eyes from sparks, debris, and the intense light emitted by fireworks. Safety glasses can prevent serious eye injuries.
• Do Not Consume Alcohol While Handling Fireworks: Alcohol impairs judgment and coordination, increasing the risk of accidents. Stay sober while setting off fireworks to ensure a clear mind and steady hands.

Legal Recourse for Firework Injuries

Understanding Liability

Who Can Be Held Liable for Firework Injuries?

Liability for firework injuries can fall on various parties, depending on the circumstances of the incident:

• Homeowners: If the injury occurs on private property, the homeowner may be liable, especially if they failed to ensure a safe environment or provided fireworks to minors.
• Event Organizers: Organizers of public fireworks displays must adhere to strict safety regulations. Failure to do so can make them liable for any resulting injuries.
• Manufacturers: Firework manufacturers can be held responsible if the injury resulted from a defect in the fireworks, such as faulty design or manufacturing errors.

Homeowners, Event Organizers, and Manufacturers' Responsibilities

• Homeowners: Must ensure that fireworks are used safely on their property, comply with local laws, and avoid providing fireworks to individuals who are not legally permitted to use them.
• Event Organizers: Must obtain necessary permits, ensure the display area is safe, and follow all safety guidelines and regulations.
• Manufacturers: Must produce fireworks that meet safety standards and provide clear instructions for safe use.

Filing a Claim

Steps to Take Immediately After an Injury

• Seek Medical Attention: The first and most crucial step is to get medical help for the injured person.
• Report the Incident: Notify local authorities or event organizers about the injury, ensuring that an official report is filed.
• Document the Scene: Take photographs of the scene, the fireworks involved, and any visible injuries. This documentation can be critical for a legal claim.

Importance of Gathering Evidence

Gathering comprehensive evidence is essential for supporting a legal claim:

• Photos: Capture the scene, the fireworks, and the injuries sustained.
• Witness Statements: Collect contact information and statements from anyone who witnessed the incident.
• Medical Records: Keep detailed records of all medical treatments and expenses related to the injury.

Types of Legal Claims

Personal Injury Claims

• Claims filed by an individual who has been injured due to another party's negligence or intentional act.
• The plaintiff must prove that the defendant's actions or lack thereof directly caused the injury.

Product Liability Claims Against Manufacturers

• Claims against manufacturers for injuries caused by defective products.
• The plaintiff must demonstrate that the fireworks were defective and that the defect caused the injury.

Negligence Claims Against Individuals or Organizers

• Claims based on the premise that the defendant failed to exercise reasonable care, resulting in injury.
• The plaintiff must prove that the defendant's negligence directly led to the injury. This can apply to homeowners who allowed unsafe firework usage or event organizers who failed to follow safety protocols.

Compensation

Types of Compensation Available

• Medical Expenses: Covers all medical costs related to the injury, including hospital stays, surgeries, medications, and rehabilitation.
• Lost Wages: Compensation for income lost due to the inability to work while recovering from the injury.
• Pain and Suffering: Compensation for physical pain and emotional distress resulting from the injury.

Factors Affecting the Amount of Compensation

• Severity of Injury: More severe injuries typically result in higher compensation due to increased medical costs and greater impact on the victim's life.
• Degree of Negligence: The extent of the defendant's negligence can affect the compensation amount. Gross negligence may lead to higher awards.
• Impact on Quality of Life: If the injury leads to long-term or permanent disability, compensation may be higher to account for ongoing care and loss of quality of life.

Understanding the legal recourse available for firework injuries is essential for protecting your rights and securing the compensation you deserve. Whether the injury resulted from a private celebration or a public display, knowing the steps to take and the types of claims you can file ensures that those responsible are held accountable. By gathering evidence, filing the appropriate claims, and seeking compensation, you can address the financial and emotional toll of firework injuries and promote safer practices in the future.