Boom Goes the Lawsuit: Fireworks Liability in Indiana

Indiana is one of the most permissive states in the country when it comes to consumer fireworks, and every summer that permissiveness comes with a cost. According to the U.S. Consumer Product Safety Commission, fireworks caused an estimated 14,700 injuries and 11 deaths nationwide in 2024 alone. Emergency rooms across Indiana see a sharp spike in patients every Fourth of July—burns, lacerations, and blast injuries that range from painful to permanently disabling.

Even sparklers, which many people hand to small children without a second thought, burn at temperatures up to 2,000 degrees Fahrenheit. They send hundreds of people to the emergency room every year.

Indiana’s Fireworks Laws

Indiana permits consumers eighteen and older to purchase and use aerial shells, roman candles, bottle rockets, firecrackers, and similar devices. State law limits the dates and times fireworks may be used, and local ordinances may add further restrictions. But legality is not the same as immunity. The fact that fireworks are legal in Indiana does not mean that someone who injures another person while using them faces no legal consequences.

Who Can Be Held Liable

Liability in a fireworks injury case depends on the circumstances, but there are several parties who may be responsible.

The person who used the fireworks. Anyone who handles fireworks carelessly — aiming them toward bystanders, lighting them while intoxicated, or allowing young children to use them unsupervised — can be held liable for injuries that result. Indiana negligence law does not require intent to harm, only that the person failed to act with reasonable care.

The property owner. A homeowner or business that hosts a fireworks display has an obligation to take reasonable steps to protect guests from foreseeable harm. Failure to do so can give rise to premises liability.

The manufacturer or seller. If the fireworks themselves were defective—whether due to a flaw in manufacturing or a failure to include adequate warnings—the injured person may have a product liability claim against the company that made or sold them. Product liability claims do not require proof of negligence. If the product was defective and the defect caused the injury, that may be enough.

What to Do After a Fireworks Injury

Get medical attention immediately. Once you have done that, document the scene and your injuries with photographs if you are able. Hold onto the fireworks packaging and any remaining or damaged fireworks, they can be critical evidence in a product liability claim.

Indiana’s statute of limitations gives most personal injury plaintiffs two years from the date of injury to file a claim. That window can feel long, but evidence disappears, witnesses forget, and packaging gets thrown away. The sooner you speak with an attorney, the better positioned you will be.

The personal injury attorneys at McNeelyLaw are available to help you understand your options. Call us at (317) 825-5110.

This publication is provided for general informational purposes only and does not constitute legal advice or a legal opinion regarding any specific facts or circumstances. You are encouraged to consult an attorney about your particular situation.