Understanding Premises Liability in Louisiana
In Louisiana, property owners have a legal obligation known as “premises liability.” This means you are responsible for maintaining a reasonably safe environment for anyone you invite onto your property. That responsibility includes fixing known hazards, anticipating potential dangers (like improper fireworks use), and taking steps to prevent accidents from occurring.
Whether allowing unsafe fireworks use or neglecting to secure the area in which you’re using the fireworks, if a guest is injured because you failed to maintain a safe environment you could face legal liability. Injured parties may be able to pursue compensation for:
- Medical expenses
- Lost income
- Pain and suffering
- Property damage
Legal Use of Fireworks in Louisiana
Not all fireworks are created equal and neither are the laws that govern their use. In Louisiana, it is perfectly legal for private individuals to enjoy certain consumer-grade fireworks such as sparklers, fountains, and roman candles as long as they comply with U.S. Department of Transportation (DOT) and Consumer Product Safety Commission (CPSC) standards.
However, many high-powered or commercial-grade fireworks are banned for personal use. These include:
- Cherry bombs
- Tubular salutes
- Two-inch American-made salutes
- Firecrackers larger than 1½ inches long or ¼ inch in diameter
- Repeating bombs
- Aerial bombs
- Torpedoes exceeding 3/8 inch in diameter
- Roman candles larger than 10-ball
- Sky rockets over 6 ounces
Using illegal fireworks could expose you to fines, criminal charges and could also void any insurance coverage if an accident occurs. It is critical to stay informed about both state and local laws when planning any fireworks display.
Homeowner’s Insurance and Fireworks-Related Incidents
Most homeowners insurance policies will cover injuries or damage caused by fireworks…so long as the fireworks were used safely and within the scope of the law. But, if illegal fireworks are involved or if there was any careless behavior on the homeowner’s part, the insurance company might refuse to pay. It’s important to take an annual review of your policies and stay informed on what your policy does and doesn’t cover.
Steps to Take If an Injury Occurs
If someone is injured by fireworks on your property, it’s important to act quickly and carefully:
Get Medical Help Right Away:
The injured person’s well-being is the top priority. Even if injuries appear minor, such as small burns or superficial wounds, there could be underlying trauma or risks of infection. Call 911 or transport the individual to the nearest emergency room. Professional medical attention ensures proper treatment and creates an official medical record that may be needed for insurance or legal purposes.
Document Everything:
Carefully document the entire scene before anything is moved or cleaned up. Take clear photos of the location, visible injuries, any fireworks debris, and any potential hazards that may have contributed to the accident. If witnesses were present, collect their contact information and written or recorded statements as soon as possible. Also, maintain thorough records of all medical reports, communications with the injured party, and any related expenses.
Contact Your Insurance Provider:
Reach out to your homeowner’s insurance company immediately to report the incident. Early notification can be critical for maintaining your coverage and initiating the claims process without unnecessary delays. Be prepared to provide detailed documentation and cooperate fully with any investigation the insurer conducts to evaluate liability and potential damages.
Talk to a Personal Injury Attorney:
Consulting with a knowledgeable personal injury attorney such as those here at The Law Office of Stephen C. Gaubert can be an essential step in protecting your legal interests. An experienced attorney will help you understand your rights and responsibilities, assist in navigating potential liability issues, and represent your best interests during negotiations or litigation. Having legal guidance can provide peace of mind and help avoid costly missteps during what is often a very stressful time.
Preventative Measures for Property Owners
To keep fireworks celebrations safe on your property and minimize risk, take these important steps:
Follow Legal Guidelines:
Before purchasing or using any fireworks, make sure you fully understand what is permitted in your area. Fireworks laws can vary significantly between states, counties, and municipalities. Use only fireworks that are legally allowed, and strictly adhere to all applicable regulations, including limitations on when and where fireworks can be discharged.
Create a Safe Space:
Prepare the launch area well in advance. Clear away any flammable materials such as dry grass, leaves, paper products, or other debris. Ensure that all spectators, especially children, remain at a safe distance from the launch site. Assign a responsible, sober adult to supervise the activity, and keep pets indoors to prevent panic or injury.
Be Prepared with Safety Gear:
Always have emergency equipment ready before you begin the fireworks display. A fire extinguisher rated for outdoor use, a garden hose with good water pressure, and buckets of water should be easily accessible in case of fire or malfunction. The person lighting the fireworks should wear protective gear such as safety glasses and gloves to guard against burns, flying sparks, or debris.
Follow Manufacturer Instructions:
Before lighting any fireworks, take the time to thoroughly read and follow all manufacturer-provided instructions and safety warnings. Improper use of fireworks significantly increases the risk of injury or property damage. If a firework fails to ignite or perform as expected, do not attempt to relight it. Instead, wait at least 20 minutes and then soak it in water before disposal.
Dispose of Fireworks Safely:
Proper disposal is crucial to preventing accidental fires after the event. Place all spent fireworks in a bucket of water to ensure they are fully extinguished before discarding them in a metal trash can. Never leave used fireworks smoldering on the ground or near structures.
Avoid Alcohol While Handling:
Refrain from consuming alcohol if you are responsible for lighting or supervising fireworks. Clear judgment and full attention are required for safe handling. Alcohol can impair coordination and decision-making, increasing the likelihood of accidents.
Fireworks can be a fantastic part of any celebration but they come with real risks. As a property owner, knowing your responsibilities and taking appropriate safety steps can prevent accidents and protect you from costly liability.
If an injury does occur, prompt action (along with the right legal guidance) can help mitigate the consequences. If you or someone you know has been injured in a fireworks-related incident, or if you need clarity about your liability as a property owner, contact The Law Office of Stephen C. Gaubert today for a confidential consultation.
