Mani Ellis & Layne Accident & Injury Lawyers | January 6, 2025 | Personal Injury
Fireworks are popular throughout the year. Many people use fireworks to celebrate holidays, including the Fourth of July, New Year’s, Christmas, and Memorial Day. Unfortunately, fireworks can be dangerous. According to the U.S. Consumer Product Safety Commission (CPSC), 9,700 people were treated in emergency rooms for fireworks injuries, and there were eight fatalities from fireworks in 2023.
Ohio updated its Fire Code Rules for consumer fireworks and also has an entire chapter in the Ohio Revised Code for fireworks. Below is some information about using fireworks in Ohio.
When and Where Can You Use Consumer Fireworks?
Fireworks may be used on specific holidays, including:
- New Year’s Eve and New Year’s Day
- Memorial Day weekend
- July 3-5 and the weekends around the Fourth of July
- Chinese New Year
- Diwali
- Juneteenth
- Cinco de Mayo
- Labor Day weekend
Consumer fireworks may be used on private property with the owner’s permission. Except for New Year’s Eve, consumer fireworks may be set off from 4:00 p.m. until 11:00 p.m. On New Year’s Eve, fireworks may be discharged until 1:00 a.m. on New Year’s Day.
It is important to check with your county, city, or township for local restrictions and bans on consumer fireworks within their jurisdiction. There could be other laws pertaining to noise and safety that apply.
Can Anyone Use Consumer Fireworks in Ohio?
Ohio places an age restriction on who can use consumer fireworks. Only someone 18 years old and older can discharge or handle 1.4G fireworks.
1.4G Fireworks are defined in the Ohio Revised Code (ORC) in accordance with federal law, specifically Title 49 of the Code of Federal Regulations (CFR), where they are classified under “Division 1.4” as consumer fireworks. These are considered low-hazard fireworks that are generally safe for consumer use under specified conditions. Examples of 1.4G fireworks include bottle rockets, firecrackers, and roman candles.
Children under the age of 18 years cannot handle fireworks. Additionally, fireworks must be discharged at least 150 feet away from buildings and structures.
Other Restrictions on Consumer Fireworks in Ohio
Other important rules about the use of consumer fireworks in Ohio include, but are not limited to:
- You cannot aim fireworks at animals, people, buildings, or vehicles.
- Fireworks cannot be used during poor weather conditions, such as high winds, or when authorities have issued a burn ban.
- You must purchase fireworks from licensed sellers.
- Fireworks cannot be used on school or public property without permission.
- Fireworks cannot be used indoors. They must be used outdoors and away from buildings or structures.
- Under Ohio and federal law, no more than 125 pounds of fireworks may be stored in a single location unless local regulations specify otherwise.
- Aerial fireworks must be kept a minimum of 150 feet away from structures and spectators.
- Individuals must clean up all debris from fireworks after use or before the next morning.
- No one should tamper with fireworks.
- Accidents and incidents involving fireworks should be reported to the local law enforcement and fire department immediately.
Anyone using consumer fireworks has a duty to know and understand Ohio fireworks rules. If a party fails to follow the rules or meet their duty of care, they could be liable for injuries and damages caused by fireworks accidents.
Common Causes of Fireworks Accidents in Ohio
Negligence and carelessness are common causes of fireworks accidents. Causes of fireworks accidents include:
- Misuse of fireworks, such as aiming fireworks at people or buildings
- Setting off fireworks too close to people
- Fireworks tipping over because of uneven surfaces
- Failing to follow the instructions for the safe discharge of fireworks
- Setting off fireworks under the influence of alcohol and/or drugs
- Allowing children to discharge fireworks
- Failing to keep a source of water nearby in case of an accident
- Holding fireworks in your hands when lighting them
In addition to negligence, fireworks accidents may be caused by defective fireworks. If the fireworks malfunction or do not include adequate instructions for use, the result may be a tragic accident that results in severe injuries.
Filing a Personal Injury Claim for Injuries Caused by Fireworks Accidents in Ohio
If you are injured in a fireworks accident, you could be entitled to economic and non-economic damages. Several types of claims could apply to fireworks accidents, including:
Individual Liability
A person or party is responsible for causing a fireworks accident because of their negligence, intentional torts, or other wrongdoing. For example, a person aims fireworks into a crowd.
Premises Liability
The property owner or other party in charge of the property is liable because of a dangerous condition on the property. Property owners have a duty of care to invitees and guests. Breaching the duty of care can result in liability for damages.
Product Liability
If fireworks are defective, they could cause accidents and injuries. Under product liability laws, the fireworks manufacturer, retailer, and other parties could be responsible for damages.
Contact the Personal Injury Law Firm of Mani Ellis & Layne Accident & Injury Lawyers for Help Today
For more information, please contact an experienced lawyer at Mani Ellis & Layne Accident & Injury Lawyers to schedule a free initial consultation today. We have convenient locations in Columbus, OH, and Charleston, WV.
Mani Ellis & Layne Accident & Injury Lawyers – Columbus, OH Office
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