Iowa’s New Fireworks Regulation: Who’s Liable When a Fireworks Accident Causes Injury?

Many people love to see the beautiful colors of fireworks as they explode in the sky. The eye-catching display of whites, blues, pinks, and yellows brings a smile to the faces of both children and adults.

However, shooting off fireworks does not come without risk of injury. The number of Iowans injured by fireworks is rising, according to one source. This is one reason why the state has recently modified the law on fireworks usage, namely, to increase public safety.

What changes were made with this new law? If a firework accident occurs, who could potentially be held liable? If you or your loved one has been injured in a fireworks accident, the personal injury lawyers of Hauptman, O’Brien, Wolf & Lathrop, LLC, can help you understand your rights under Iowa’s new fireworks law. Contact us at (402) 241-5020 today.

Iowa’s Amended Fireworks Law

The new fireworks law (Senate File 303) went into effect on July 1, 2025. There were three key amendments, or changes, to the law. These are:

1. The governing authorities of each county or city can ban the use of fireworks if it is deemed that fireworks would pose a safety risk or nuisance to the community, “on any day other than July 3rd, July 4th, and December 31st.” This means, on those 3 days, local governments no longer have the authority to prohibit or limit people from using fireworks.
2. The term “consumer fireworks” refers to fireworks that can be bought and used by the public in general. The definition has been expanded to include additional types of fireworks. These include sparklers, Roman candles, and ground spinners, to name a few.
3. The penalties for not following the law have increased. Penalties include fines up to $625 for illegally using fireworks, and up to $1875 and possible imprisonment for 1 year for selling fireworks to minors or without a license.

However, other state laws applicable to the use of fireworks have not been modified, and are still in effect. These include:

• Selling fireworks to anyone under 18 years old is prohibited
• Fireworks cannot be set off in a public park
• Fireworks cannot be set off on city property unless given approval

Common Causes of Firework Accidents

When you least expect it, a firework accident can occur that results in injuries. After attending to injuries, in the aftermath of an accident, the injured party may rightly be thinking of pursuing compensation from the responsible party. In order to identify potentially liable parties, it is important to know first how fireworks accidents occur. 

There are three common causes of fireworks accidents. These are:

• Reckless handling of fireworks: Sometimes a person fails to follow the instructions on the proper usage of a firework or deliberately ignores safety precautions. In scenarios like this, an accident resulting in injuries can occur.
• Defective fireworks: In some cases, an accident can result even when a person follows proper usage of fireworks. This may be due to a faulty or defective firework.
• Lack of supervision: An accident may occur when a person lacking experience tries to set off fireworks without proper supervision. Usually, this results in serious injuries to the person and others nearby.

Common Injuries From Fireworks Accidents

A firework accident can sometimes result in immediate life-changing injuries for victims. In other cases, a fireworks accident may not initially appear serious. However, injuries may become manifest weeks or months later and can quickly progress from bad to worse. 

Although a variety of injuries can result from a firework accident, some are more common than others. 

The most common types of injuries include the following:

• Burn injuries: A victim’s hands, face, or arms can suffer burns from the heat generated by the explosion. This is the most frequent type of injury. Fireworks-related burns can range from first degree to third degree.
• Eye injuries: Components from an exploding firework may fly into a victim’s eyes. This can result in partial or even permanent vision loss.
• Hearing loss: Fireworks give off a loud sound when exploding. A person may suffer hearing loss, which may be permanent.
• Lacerations and loss of limbs: The impact from some types of fireworks can sever a victim’s fingers and hands, especially if he or she is too close to the explosion.

Potentially Liable Parties for Firework Injuries

If a firework accident occurs and an injury results, who may be held liable for compensating the injured party for his or her loss? 

Many people would initially think the person who caused the accident would be liable, especially if he or she were acting in a reckless way. However, the law mentions several potentially liable parties that may be partially or entirely at fault, including the following.

The property owner

In Iowa, a type of personal injury law is called premises liability. Premises liability laws state that property owners have a legal responsibility to ensure their premises are safe for all visitors. 

Premises liability law applies to all residential and commercial properties, such as: 

• Private homes, including backyards
• Hotels
• Schools
• Arenas
• Amusement parks

If a visitor is injured during a fireworks display on another person’s property, there may be a claim against the property owner, especially, if there was a disregard for the law, such as using illegal fireworks or failing to supervise minors with fireworks.

Event organizer

Similar to property owners, when a business or an organization decides to host an event that would include displaying fireworks, then they accept the responsibility of ensuring their guests’ safety. This is one reason why event organizers carry large insurance policies.

Perhaps the property owner has checked and ensured that the property is reasonably safe before renting it to the event organizer. However, an accident still occurs. There may be a claim issued against the event planner if the individual, business, or organization is found to have been negligent.

The manufacturer

In some cases, the accident that caused the injury is the result of a defective firework. 

Examples of defects in fireworks are: 

• Erratic or unpredictable flight paths
• Extremely quick ignition
• Hangfires
• Low breaks

Perhaps a quality control worker at the assembly plant failed to catch a defect before shipping. Or the company chose to use inferior materials instead of quality ones in an attempt to save money. Worse still, perhaps the wrong material was mistakenly used while assembling the product. For such negligence, the manufacturer could be found liable.

The marketer

The law requires manufacturers to not only provide adequate instructions for the safe use of a product, but also to warn users of any potential dangers. This is because consumers have the legal right to make an informed decision when purchasing products.

Companies that sell fireworks must comply with regulations from the Consumer Product Safety Commission and the Federal Hazardous Substances Act. If an injury occurs due to a failure to warn of potential dangers, then the marketer could be responsible for resulting damages.

As with all personal injury cases, to hold a party liable for compensation, four elements must be proven. 

These elements are:

1. The property owner, manufacturer, or marketer had a duty of care to provide a safe environment or product
2. The responsible party breached that care by being negligent
3. The accident that caused the injury would not have occurred if the responsible party had not been negligent
4. The victim’s injuries are a direct result of the negligence

These elements may sound simple and straightforward, but proving them to determine liability in a fireworks injury case is more complicated than it appears. This is why it is crucial to have the assistance of an experienced personal injury lawyer.

Talk to Our Personal Injury Lawyers for Free

If you or your loved one has suffered a personal injury in a firework accident due to someone else’s negligence, you have a legal right to pursue compensation. However, do not make the mistake of trying to do so on your own. Many people have tried that, only to regret it later.

The process of proving liability is often very complicated. First, you would need to perform an extensive investigation to obtain evidence. Once collected, the facts must be isolated in order to ascertain whose negligence resulted in the injury. Once established, a fair settlement would need to be negotiated with skilled insurance adjusters and very experienced defense attorneys.

All of this would need to be done while possibly dealing with increasing medical bills and missed days from work. Why put yourself through all of that frustration? You need a team of experienced personal injury lawyers, like the ones at Hauptman, O’Brien, Wolf & Lathrop, LLC, who can aggressively pursue fair compensation for your losses so you can focus on healing.

Our lawyers have many years of experience in handling all types of personal injury cases. We are familiar with the tactics used by insurance companies and defense attorneys, and know how to refute them. We will even argue your case in court if needed. Contact our law firm today (402) 241-5020 for a free consultation.