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Reviewed by Daniel P. McNerney, Esq.
What’s in This Blog:
- New Jersey Fireworks Compliance: Statutory restrictions governing legal novelty items vs. banned aerial devices under N.J.S.A. 21:2-1 et seq.
- Pre-Display Safety Checklist: Essential environmental precautions, adult oversight rules, and safety measures regarding children and domestic pets.
- Safe Lighting Protocols: Best practices for handling ground fireworks, protective equipment utilization, and post-display disposal intervals.
- Premises Liability & Civil Recovery: Legal thresholds for pursuing financial compensation following an injury sustained due to host negligence.
- Statute of Limitations: The strict two-year filing window for New Jersey personal injury lawsuits as codified under N.J. Stat. § 2A:14-2(a).
Are you planning on lighting fireworks on the Fourth of July? Are you planning on attending a party where the host will be lighting fireworks? In either case, it is important to be educated about firework safety. When it comes to fireworks, acting negligently can lead to serious, life-threatening injuries. Independence Day is often celebrated with fun traditions like barbecues, beach days, and fireworks! Though these displays can be beautiful, they can also cause serious injuries if handled improperly. Read on to learn more about firework safety in New Jersey and some of the best ways to stay safe this holiday weekend. Under the New Jersey Explosives and Fireworks Act (N.J.S.A. 21:2-1 et seq.), it remains completely unlawful to sell, possess, or use aerial fireworks like firecrackers, bottle rockets, and Roman candles without a valid municipal permit.
Preparing to Light Fireworks – What to Know
There are a number of important steps to take before you light your fireworks. People are often excited and eager to use their fireworks once they buy them. However, it is important to not be impulsive and make sure the proper safety steps are taken beforehand to prevent accidents. Make sure to follow these guidelines to help keep the scene as safe as possible:
- Make sure you are buying legal fireworks. New Jersey law only permits the sale and consumption of ground-based novelties and sparkling devices—such as hand-held sparklers, smoke devices, and party poppers—to individuals who are 16 years of age or older.
- Do not buy fireworks that are in brown paper. These are professional-grade, to be used by professionals and not in small neighborhoods. Igniting them in an enclosed area can put the surrounding people in danger.
- Adults must be present; fireworks are exclusively for responsible adults, and children should not have access to them on their own.
- Keep a hose, bucket of water, or a fire extinguisher nearby in the event of a fire.
- Never carry fireworks in your pocket. This is extremely dangerous.
- Do not ignite fireworks in a glass or metal container.
- Keep pets inside to ensure they are a safe distance away from the fireworks. Additionally, dogs may become startled by the loud noises, meaning they may attempt to flee the property or turn aggressive, so keeping them safely inside is ideal.
What Do I Need to Know About Lighting Fireworks Safely?
Once the scene of the fireworks display is secure, it is important to know how to safely light them. Igniting fireworks can cause serious injuries if it is not used correctly. In order to keep yourself and those around you safe, make sure you:
- Wear eye protection, which can be purchased at any local hardware store for a relatively low price.
- Do not light more than one firework at a time.
- Never ignite fireworks indoors.
- Do not light a firework in your hands.
- Keep all spectators at a safe distance away from the display after lighting it.
- Never throw or point fireworks at another person.
- Do not relight a firework that did not properly ignite the first time; if it does not go off at first, leave it be.
- After a firework goes off, wait 20 minutes before dousing it in cold water and throwing it away.
- Do not consume drugs or alcohol when handling fireworks.
Can I Sue If I Am Injured in a New Jersey Firework Accident?
If you have been injured in a firework accident due to another party’s negligence, you may be entitled to recover compensation. Many of these injuries arise at parties, celebrations, and barbecues hosted by friends or loved ones, and unfortunately, you may sustain an injury due to their negligence. If this is the case, you may want to seek compensation for damages incurred as a result, like medical bills, lost wages and reduced earning capacity, PTSD, and even property damage. As such, connecting with an experienced Bergen County personal injury attorney is critical, as this can help you improve your chances of a successful claim.
However, if you are interested in pursuing compensation for the damages you have suffered, you must file your claim within the correct timeframe. In accordance with New Jersey state statute, the statute of limitations to pursue a personal injury claim, including those caused by someone’s negligence when handling fireworks, is two years. Failure to file a claim within this two-year time frame can result in a permanent bar on your ability to seek compensation for damages. This hard-filing window for civil actions seeking recovery for bodily injuries is explicitly codified under N.J.S.A. § 2A:14-2(a).
CONTACT OUR EXPERIENCED NEW JERSEY FIRM
Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.