Remember, Remember the 5th of November!

Bonfire night will shortly be upon us and part and parcel of that includes fireworks. 

By Carol Fish Head of Catastrophic and Serious Injury.

Many people have mixed reactions with regard to the private use of fireworks with some pet owners calling for private firework displays to be banned completely whilst others see fireworks as a great way to celebrate and have fun with family. Some supermarkets have taken on board concerns and now offer silent fireworks as an alternative.

Fireworks are explosive and very dangerous. The sale, possession and use of fireworks are strictly governed by UK law and despite annual safety warnings each year people sustain serious injuries across the UK often involving children under the age of 16.  Such injuries include severe burns, eye injuries including loss of sight and smoke inhalation which can result in extensive reconstructive surgery and permanent scarring.  Generally it is accepted that the safest way to enjoy fireworks is to attend an organised display.  Unfortunately this year the extremely popular firework display in Bitts Park has been cancelled due to Covid 19 no doubt alongside other organised events across the country.  The concern is that without such large public displays there may be an increase in more private use of fireworks which are not as strictly regulated.  Throw into the mix that they are often handled by inexperienced individuals within small areas such as gardens then the dangers become more real.  

As it currently stands it is legal to use fireworks all year round however under certain regulations it is an offence to set off fireworks between 11pm and 7am without permission except on certain exceptions which include Bonfire Night and New Year’s Eve.  Many individuals are not aware of these regulations and leading up to Bonfire Night many others complain that fireworks are being set off after 11pm and are antisocial. 

What are your rights if you are injured?

If you are injured as a result of a private individual setting off a firework then you may have a right to sue that individual particularly if the injury occurs on that individual’s property such as their garden or home.  The individual may have insurance cover that might include any claims for personal injury to visitors to their home.  If there is no insurance cover in place, then you would have to look to that individual to personally pay any compensation and that may be difficult as it would be depend upon their assets. 

If injured at a public display there will be public liability insurance in place and it may be easier to establish the organiser of the event is liable and/or negligent if they did not take all of the safety precautions required to protect spectators and staff.  

If someone illegally sets off a firework in the street or if a firework is for example thrown at you then this amounts to a criminal offence and should be reported to the police.   Depending on the severity of the injury it may be an option to claim compensation through the Criminal Injuries Compensation Scheme which is a scheme set up to compensation victims of crimes in England, Scotland or Wales. 

The dangers in using fireworks should not be underestimated.  Instructions should be closely adhered to and there are helpful guidelines out there for example from the Health & Safety Executive which offers advice on managing health and safety when using fireworks.  The Royal Society for the Prevention of Accidents also provides a firework code which includes safety tips.  Weather conditions are also relevant particular if fireworks are set off in windy conditions.   I would urge anyone buying fireworks this year to take the time to read these guides and to ensure that all safety precautions are taken in order to avoid serious injury particularly to young children who will not be safety aware.

If you are unfortunate enough to suffer serious injury due to the fault and negligence of another party please do not hesitate to get in touch for further advice and assistance. 

You can contact Carol Fish on 01228 585245 or click here to send here an email.