Fireworks Injury Claims in Georgia

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Who answers for a fireworks injury in Georgia depends on who controlled the risk: the person who lit the device, the operator of a permitted public display, or the company that made the product. Chapter 10 of Title 25 of the Georgia Code sets the safety rules for the first two, and the product-liability statute governs the third. OCGA 25-10-2 has been amended repeatedly, including in 2024 and 2025, so the version in force on the date of the injury matters.

What the Fireworks Statute Allows and Forbids

It is unlawful “to use or ignite or cause to be ignited, or to possess, manufacture, transport, or store any consumer fireworks or fireworks, except as otherwise provided in this chapter” (OCGA 25-10-2(a)). “Consumer fireworks” are small devices “that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission” and other listed standards (OCGA 25-10-1(a)(1)). A person 18 or older may use, possess, transport, or store consumer fireworks (OCGA 25-10-2(b)(4)(A)), within these limits:

Restriction Rule in OCGA 25-10-2(b)(3)
Place Not "indoors or within the right of way of a public road, street, highway, or railroad"
Hours "[O]n any day beginning at the time of 10:00 A.M. and up to and including the ending time of 11:59 P.M.," subject to a qualifying noise ordinance, with additional listed dates and hours
Distance Not within 100 yards of listed facilities, including an electric plant, a water or waste-water treatment plant, a jail or prison, a public-use airport, and "a hospital, nursing home, or other health care facility regulated under Chapter 7 of Title 31"
Impairment Not while under the influence of alcohol or any drug to the extent that igniting fireworks is less safe or unlawful
Parks Not in a county or municipal park or recreational area without a special use permit
Drought The Governor may prohibit ignition in a county after declaring a drought at a Keetch-Byram Drought Index of 700 or above

The Maker and the Seller

The manufacturer of personal property sold as new is liable in tort, without privity, to a person injured because the product was not merchantable and reasonably suited to its intended use when sold, where that condition caused the injury (OCGA 51-1-11(b)(1)). For a firework, the definition of “consumer fireworks” ties the device to federal construction, composition, and labeling rules (OCGA 25-10-1(a)(1)). A seller who did not make the device is not treated as a manufacturer in a strict-liability action, although the rule leaves any right to indemnity or contribution untouched (OCGA 51-1-11.1(b), (c)). The strict-liability claim must be brought within ten years of the product’s first sale for use or consumption (OCGA 51-1-11(b)(2)), and the Supreme Court of Georgia has held that claims for failure to warn fall outside that repose provision (Chrysler Corp. v. Batten, 264 Ga. 723 (1994)).

Public Displays and Permits

A public display requires a permit from the local fire authority, applied for in writing “not less than ten days prior to the date of the proposed public exhibition or display of fireworks” (OCGA 25-10-4(a)). The authority may grant it on conditions that the display “be conducted by an operator licensed pursuant to subsection (b) of Code Section 25-10-3.2,” that it comply with all applicable codes, and that the application include a $50,000 bond “conditioned for the payment of damages which may be caused either to persons or to property by reason of the public exhibition or display of fireworks,” or proof of liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 per accident and $50,000 aggregate for property damage (OCGA 25-10-4(a)(1)-(3)). These amounts are conditions of the permit. A separate permit governs a display “before a proximate audience” (OCGA 25-10-4(b)).

A spectator invited to watch a display is owed ordinary care in keeping the premises and approaches safe by the owner or occupier who invited the public in (OCGA 51-3-1), and a person who lights fireworks is held to ordinary diligence, the care ordinarily prudent people use in the same or similar circumstances (OCGA 51-1-2).

Frequently Asked Questions

Can a store sell fireworks to a teenager?
No. It is unlawful to sell consumer fireworks to a person under 18 (OCGA 25-10-2(b)(1)).

Is it a crime to hurt someone with fireworks?
“It shall be unlawful for any person, firm, corporation, association, or partnership to cause injury to another person or damage any property of another by means of fireworks whether recklessly or intentionally” (OCGA 25-10-2(a.1)).

How long does a display permit last?
A permit “shall not exceed a two-week period” and “shall not be transferable” (OCGA 25-10-4(d)).

Does breaking a fireworks rule prove negligence?
In a traffic case, the Court of Appeals treated the violation of a safety statute as negligence per se and a prima facie showing of negligence, while leaving to the jury whether the violation caused the injury (Williams v. Calhoun, 175 Ga. App. 332 (1985)).

When does a duty to keep the device arise?
For the injured party, the duty to preserve evidence arises when that party contemplates litigation, and, as the Supreme Court of Georgia noted by quoting earlier decisions, an adverse-presumption instruction for lost evidence is a remedy “only in exceptional cases” (Phillips v. Harmon, 297 Ga. 386 (2015)). The spent casing, the packaging, and any lot markings are what tie a device to its maker.

  • OCGA 25-10-1(a)(1); OCGA 25-10-2(a), (a.1), (b); OCGA 25-10-3.2 (as referenced in OCGA 25-10-4); OCGA 25-10-4(a), (b), (d)
  • OCGA 51-1-11(b); OCGA 51-1-11.1(b), (c); Chrysler Corp. v. Batten, 264 Ga. 723 (1994)
  • OCGA 51-3-1; OCGA 51-1-2
  • Williams v. Calhoun, 175 Ga. App. 332 (1985)
  • Phillips v. Harmon, 297 Ga. 386 (2015)

Disclaimer

This article provides general information about fireworks injury claims under Georgia law. It is not legal advice and does not create an attorney-client relationship. Who may be liable depends on the device, the setting, local rules, and the specific facts. A person injured by fireworks should consult a licensed Georgia attorney about the particular situation.

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