Are Fireworks Legal in Florida on Labor Day?

Labor Day is a weekend of fun, family, friends, BBQ, and celebration. Labor Day honors the contributions and achievements of American workers and recognizes the labor movement’s role in securing protections and better working conditions. Some people celebrate by lighting fireworks, however, it isn’t one of the holidays specifically designated under Florida law when consumer fireworks may be used. Learn when fireworks are legally permitted in Florida, who could be held responsible, and the most common injuries fireworks cause.

Labor Day Fireworks Aren’t Legal in Florida

Under Florida Statute 791.08, consumer fireworks are legal for personal use on the following days each year:

• New Year's Day (January 1)
• Independence Day (July 4)
• New Year's Eve (December 31)

How Dangerous Are Fireworks?

In 2025, according to the U.S. Consumer Product Safety Commission, an estimated 13,000 people were treated in emergency departments for fireworks-related injuries nationwide. Here are the most common fireworks injuries:

Burn Injuries

Burns make up about 37% of all reported fireworks injuries, making them the most common type by far. Though any exposed skin is at risk. Even sparklers, often seen as kid-friendly, burn at extremely high temperatures and can cause serious burns and tissue damage.

Hand & Finger Injuries

Fireworks that explode prematurely or are held too closely can cause lacerations, fractures, amputations, and other serious hand injuries.

Eye Injuries

Eye injuries are one of the scariest injuries due to fireworks because they can cause permanent vision loss. Sparks and debris can fly when fireworks are launched, so maintaining a safe distance is so important. The sheer pressure of an explosion can damage the surface of the eye or cause internal injuries. 

Hearing Damage

Loud explosions can cause temporary or permanent hearing loss, tinnitus, or other ear injuries.

Smoke-Related Injuries

Firework smoke can irritate the eyes and respiratory system. Breathing in large amounts of firework smoke can cause coughing, throat irritation, wheezing, or shortness of breath.

Severe Explosion Injuries

Larger fireworks like mortar-style devices and aerial shells can cause extremely severe injuries (e.g., amputations, mobility problems) when they malfunction or are used improperly.

Who May Be Liable for a Fireworks Injury?

When someone is injured due to a firework on your property, the question is: Who’s responsible?

The Person Who Set Off the Fireworks

If someone uses fireworks carelessly (e.g., lighting them too close to people, ignoring safety instructions, using them in an unsafe manner), that person may be liable for injuries caused by their negligence.

The Homeowner or Property Owner

A homeowner or property owner could be liable if dangerous fireworks activity takes place on the property and the owner fails to take reasonable steps to protect guests. This can create a premises liability issue, especially if the owner knew, or reasonably should have known about the dangerous activity and did nothing to address the risk.

The Fireworks Manufacturer or Seller

Sometimes the person using the fireworks didn’t do anything wrong to cause the injury, but the firework itself was defective. If a firework was defectively manufactured, designed, or lacked adequate safety warnings or instructions, and premature or unexpected detonation, the person injured may have grounds for a product liability claim against a manufacturer or seller. Florida law allows product liability claims when a product is defective in its manufacture, design, formulation, or assembly.

Multiple Parties

Under Florida law, multiple parties can be held liable for a fireworks injury, depending on who contributed to the accident. Florida follows a modified comparative negligence rule. If you are found to be more than 50% at fault for your own injuries, you usually can’t recover damages in a personal injury lawsuit. If you are 50% or less at fault, your compensation is reduced in proportion to your share of the blame.

Injured by Fireworks in Florida? Contact Kushel Law Group’s Personal Injury Attorneys

After a fireworks injury, you may be facing painful injuries, medical bills, lost income, and uncertainty. You don’t need to face this alone, because Kushel Law Group’s attorneys provide personalized guidance, support, and communicate every step of the way. Contact us today for a free consultation 24/7 at (561) 940-0100 or by filling out our online form. Our office is located in Boca Raton, but our attorneys also help clients in Delray Beach, and Boynton Beach. 

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FAQs

Can I sue if I was injured by fireworks?

If someone’s negligence, a defective firework, or another party’s wrongful conduct caused your injury, you may have grounds for a personal injury or product liability claim. Florida law recognizes product liability claims involving defects in a product’s manufacture, design, formulation, or assembly.

Can I still recover compensation if I was partly at fault?

Under Florida's comparative negligence law, a person who is more than 50% at-fault for their own injury can't recover damages. If you are 50% or less at-fault, your damages are usually reduced depending on your percentage of fault.

Should I talk to a personal injury lawyer after a fireworks accident?

If you’ve been injured due to fireworks, speaking with a personal injury attorney at Kushel Law Group will help you understand your legal options and what the next steps are.