Liability for Fireworks Accidents in Illinois

Fireworks are a hallmark of American celebration, particularly around the Fourth of July. But in Illinois, where most consumer fireworks remain illegal, these festivities can take a tragic turn. Each year, hundreds of residents suffer burns, amputations, and other catastrophic injuries due to fireworks misuse or malfunction. When someone is harmed by fireworks—whether at a backyard gathering or an organized event—the question of legal liability quickly comes into focus. Who can be held responsible? What laws apply? And what steps should victims take to protect their rights? In this blog, our Illinois personal injury lawyers explore fireworks accident liability in Illinois, recent injury data, and the legal options available to those who are hurt.

Fireworks Are Mostly Illegal in Illinois

Unlike many other states, Illinois has some of the strictest fireworks laws in the country. The Illinois Pyrotechnic Use Act (425 ILCS 35/) prohibits the sale, possession, and use of most consumer fireworks. While sparklers, party poppers, and novelty items are permitted, aerial shells, bottle rockets, firecrackers, and Roman candles are banned. Violators may face hefty fines or criminal charges. Despite this, many residents still purchase illegal fireworks in neighboring states like Indiana and Wisconsin and bring them back across the border.

Municipalities often go even further than state law. Cities such as Elgin, Aurora, and Naperville enforce zero-tolerance policies, issuing citations and confiscating illegal fireworks on sight. Yet enforcement remains inconsistent, and public awareness about the risks and legal consequences is often low.

Fireworks Accidents Cause Serious Injuries Each Year

Despite the legal restrictions, fireworks-related injuries are common in Illinois. According to the Office of the State Fire Marshal (OSFM), there were 155 fireworks-related injuries and one fatality in 2024. This marked an increase from 108 injuries in 2023 and 120 in 2022. In 2024 alone, eight people suffered amputations, and 41 individuals sustained hand injuries. Head and facial injuries were also common, with 21 such cases reported. Mortar-type fireworks caused the highest number of injuries—36 incidents—followed by sparklers (8), rockets (8), and firecrackers (6).

Children are especially vulnerable. Nationally, data from the U.S. Consumer Product Safety Commission (CPSC) shows that nearly 28% of fireworks injuries involve children under the age of 15. Burns are the most common injury type, accounting for 42% of cases. Hands and fingers are the most frequently injured body parts, followed by the face, eyes, and legs.

In addition to bodily harm, fireworks are responsible for thousands of fires each year. The National Fire Protection Association (NFPA) estimates that fireworks caused approximately 12,264 fires across the U.S. in a recent year, resulting in $59 million in direct property damage. Illinois fire departments respond to numerous fireworks-related fires during the summer months, many of which start on residential properties.

Legal Liability for Fireworks Injuries in Illinois

When someone is injured by fireworks in Illinois, determining who is legally responsible depends on the circumstances. In general, there are four main legal theories under which a person or entity can be held liable: negligence, strict product liability, premises liability, and in some cases, gross negligence or recklessness.

Negligence

Negligence is the most common theory in fireworks injury cases. A person is negligent when they fail to act with reasonable care, and that failure results in harm. For example, if someone lights a firework too close to spectators or throws a firework near a crowd, they may be held liable for any resulting injuries. The same applies if someone gives fireworks to a child or operates them while intoxicated.

Event organizers can also be found negligent if they do not follow appropriate safety protocols, such as establishing safe distances, crowd barriers, or having trained professionals handle the fireworks. If a guest or attendee is injured due to these failures, the event organizer or sponsor may be liable.

Strict Product Liability

Under Illinois law, manufacturers and sellers can be held strictly liable for injuries caused by defective fireworks, even if the product was used correctly. This includes fireworks that explode prematurely, do not come with adequate safety warnings, or are dangerously overpowered. If a defective firework causes injury, the injured person does not need to prove negligence—only that the product was defective and caused harm.

Testing by the CPSC routinely finds that a significant percentage of imported consumer fireworks do not comply with federal safety standards. These defects can include overloaded shells, incorrect fusing, and mislabeled instructions, all of which increase the risk of injury.

Premises Liability

Property owners and venues may also face liability under the doctrine of premises liability. If a fireworks accident occurs on someone’s property—especially during a public or semi-public event—the property owner may be responsible for failing to ensure a reasonably safe environment. This could include failing to inspect the grounds, allowing a dangerous setup too close to trees or structures, or not warning guests of known hazards.

Recklessness and Gross Negligence

In some extreme cases, a person who causes a fireworks injury can be held liable for gross negligence or recklessness. These cases may involve punitive damages, especially if the defendant acted with willful disregard for safety—such as lighting explosives in a crowded area or using illegal fireworks with known defects.

Defense in Fireworks Accident Cases

Victims of fireworks injuries in Illinois must overcome several legal challenges. First, they must identify and prove who was responsible. This often involves gathering evidence such as eyewitness accounts, videos, police reports, and product packaging.

Defendants in these cases may raise several defenses. One common defense is comparative negligence, which holds that if the injured person was partly to blame, their compensation can be reduced proportionally. For example, if a person misused fireworks in a way that contributed to their injury, their recovery may be limited.

Another defense is assumption of risk. If someone voluntarily participates in a fireworks activity knowing the risks, a defendant might argue that the injured party accepted the danger and is therefore not entitled to full compensation.

Government entities may also raise sovereign immunity as a defense, particularly when public fireworks shows go wrong. However, under the Illinois Tort Immunity Act, municipalities can still be held liable in certain situations—especially when gross negligence or willful misconduct is involved.

What to Do After a Fireworks Injury in Illinois

If you or a loved one is injured in a fireworks accident in Illinois, taking the right steps early can protect your legal rights. First, seek immediate medical attention, even if the injury seems minor. Burns, eye injuries, and internal trauma can worsen over time if not properly treated.

Next, document the scene. Take photos and videos, preserve any firework debris or packaging, and obtain the names of any witnesses. File a police report and request a copy for your records. If the accident occurred at a public event, ask for the event operator’s contact information and determine whether the show was licensed.

Finally, speak with an experienced Illinois personal injury attorney. Fireworks cases involve complex liability issues, and a lawyer can help you investigate the accident, identify liable parties, and pursue compensation for medical bills, lost wages, disfigurement, and pain and suffering.

Injured by Fireworks? Know Your Legal Rights

Each year, fireworks cause devastating injuries across Illinois—despite legal bans, safety warnings, and public awareness campaigns. Victims often face not only physical pain and emotional trauma but also expensive medical bills and long-term disability. When these injuries are caused by another person’s negligence, a defective product, or an unsafe venue, Illinois law provides a path to compensation.

If you or someone you care about has been injured in a fireworks accident, don’t wait. At John J. Malm & Associates, we understand the legal complexities involved in these cases. Our experienced personal injury lawyers are here to investigate your claim, determine liability, and help you pursue the justice and financial recovery you deserve.

Contact us today for a free consultation. Let us help you take the first step toward holding the right parties accountable—and securing the compensation you need to heal and move forward.