As families gather for barbecues, parades, and fireworks to celebrate the 4th of July, the risk of injury from fireworks increases significantly. When a firework malfunctions or is used improperly, the consequences can be severe, especially for children and bystanders. If you were injured during a fireworks incident, responsibility may lie with several parties, depending on how the accident occurred. Determining liability often depends on where the fireworks were used, who was using them, and whether they were defective or handled unsafely.
Dominguez Law helps injured individuals throughout New Mexico understand their legal rights when something goes wrong during holiday celebrations. If you or someone in your family has been hurt due to fireworks, we may be able to help hold the responsible party accountable. Our firm combines compassionate legal care with aggressive courtroom strategies to pursue fair outcomes. We offer free consultations, and we speak Spanish.
Who May Be Responsible When Injuries Happen
In personal injury cases involving fireworks, several parties might be held responsible, depending on the facts. Property owners may be liable if they allowed fireworks to be used unsafely on their premises. For example, if a homeowner gave minors access to fireworks or failed to supervise their use, they could be considered negligent. Public event hosts may also bear responsibility if they failed to secure the area, follow fire codes, or provide safety equipment.
Retailers and distributors are often overlooked but may play a role in dangerous firework cases. If a store sold illegal fireworks or failed to provide appropriate safety instructions, they may be part of a broader liability claim. Even when buyers sign waivers, that does not always protect a business from legal action. Courts in New Mexico may still find a retailer liable if they failed to follow laws or knowingly sold defective products.
The person lighting the firework could also be responsible, particularly if they acted recklessly or failed to warn others. Improper angle, poor judgment about where to aim, or lack of crowd control may contribute to preventable injuries. If the user was under the influence of drugs or alcohol at the time, that could strengthen a claim of negligence. These types of facts can support a personal injury case even if the firework was not defective.
How Negligence Plays a Role in Liability
To pursue a claim successfully, it is often necessary to show that someone acted carelessly or violated a duty of care. Negligence is a legal concept that looks at whether a person or entity acted in a way that a reasonable person would not have in the same situation. In firework injury cases, this can include failing to keep a safe distance from others, ignoring safety rules, or using fireworks in banned areas.
Evidence is key in building a strong negligence case. This may involve gathering photos of the scene, witness statements, video footage, or purchase receipts. Police or fire department reports can also support a claim by documenting whether safety laws were broken. Timing matters too—reaching out to legal help early increases the chances of collecting strong evidence before it disappears.
Even if the injured person was partially at fault, New Mexico’s comparative fault rules may still allow a recovery. If another party was mostly responsible, the injured person may still recover damages, but their compensation may be reduced in proportion to their share of the blame. That is why carefully analyzing each party’s actions is so important in these cases.
Can You Sue for Firework Injuries at Public Events?
If you were hurt at a fireworks show organized by a city, business, or community group, different rules may apply. Government entities sometimes have special protections, but they can still be held accountable in certain cases. For example, if city workers failed to inspect firework launch equipment or ignored safety warnings, the municipality may share fault. Filing a claim against a public agency often comes with strict deadlines and notice requirements.
Events held on private property, such as stadiums, theme parks, or fairgrounds, are usually managed by businesses with insurance policies. These businesses must meet safety standards and take reasonable precautions to protect attendees. If someone was injured by a misfired firework or unsecured launch site, that business may face a premises liability claim. The key is whether the injury was preventable through better planning or safeguards.
In all these situations, understanding how liability works can make the difference between paying thousands in medical costs and receiving financial help for recovery. Talking to someone who understands how fireworks-related claims are handled under New Mexico law is often the first step in protecting your rights.
Why Choose Dominguez Law for Your Case
At Dominguez Law, we are ready to step in when injuries disrupt your life and leave you with unanswered questions. We have deep experience litigating cases that involve fireworks, product defects, and unsafe public or private event conditions. We also understand the complexities that come with identifying who may be responsible, from individuals to city agencies to national product manufacturers. Our goal is to help you pursue the compensation you may need to heal physically and financially.
We take every case seriously and offer personalized attention from day one. We do not back down from insurance companies or large entities that try to shift the blame. If you need legal support after a fireworks accident, we are here to listen and help guide your next steps. To schedule a free consultation, call us at (505) 850-5854 or fill out our contact form.
