Firework Injury Laws in South Carolina: Who's Liable and What to Do

Fireworks are a beloved part of South Carolina’s celebrations—lighting up the sky during the Fourth of July, New Year’s Eve, and backyard gatherings year-round. But what starts with a spark can quickly go wrong. Every year, hundreds of South Carolinians end up in the ER due to firework-related injuries—some caused by defective products, others by careless handling. Whether you’re lighting the fuse or watching from the sidelines, it’s important to understand the law, your rights, and what happens if someone gets hurt. Here’s what you need to know before the next firework show turns into a legal one.

What’s Legal (and What’s Not) in South Carolina

Before lighting the fuse, it’s essential to know your local fireworks laws. While South Carolina permits the use of many consumer-grade fireworks, cities and municipalities often impose their own restrictions. Always check local ordinances in cities like Charleston, Columbia, Myrtle Beach, or Lexington..

📍 Example: North Charleston Fireworks Ordinance

• Fireworks may be discharged from 9:00 a.m. to 11:30 p.m. on most days
• On July 4th, hours extend to 1:00 a.m. on July 5th

• It is illegal to:

  • Discharge fireworks from a vehicle
  • Use fireworks on someone else’s land without permission
  • Aim fireworks at people, animals, or buildings

Who Can Buy Fireworks in South Carolina? According to the SC Board of Pyrotechnic Safety, you must be 16 or older to buy consumer fireworks.

Under SC Code Title 23, Chapter 35, fireworks with more than two grains of pyrotechnic material are illegal, including:

• Cherry bombs (ground salutes)
• M-80s
• TNT or Bulldog salutes
• Small bottle rockets (under 3” long, 1/2” diameter)

Federal law also bans firecrackers with more than 50mg of pyrotechnic composition.

Legal fireworks include:

• Mortars and cakes
• Aerial fireworks (like Roman candles)
• Sparklers
• Spinners and wheels

South Carolina Fireworks Statistics: A Growing Concern

According to SCDHEC, fireworks injuries spike around the Fourth of July and New Year’s Eve:

• 182 non-fatal injuries in one year
• 177 required emergency room care
• 5 hospital admissions for fireworks-related trauma
• In 2023 alone, 9,700 ER visits and 8 deaths were reported in South Carolina
• 66% of all injuries occurred within 4 weeks of July 4th
• 42% involved burns to hands, face, legs, or eyes

Nationwide data from the U.S. Consumer Product Safety Commission (June 25, 2025) adds:

• 14,700 injuries in 2024
• 11 deaths tied to misuse of malfunction
• 1,700 injuries caused by sparklers alone

Determining Liability in Firework Injury Cases

Determining who is legally responsible for a firework-related injury requires a thorough investigation of the circumstances. Liability may fall on the individual who ignited the firework, especially if it was done recklessly or in violation of safety regulations. If the injury occurred on private property, the homeowner or landlord may be held accountable for failing to supervise the activity or maintain a safe environment. In the case of a public event, the event organizer could be liable if proper precautions were not taken to protect attendees. Finally, if the firework itself was defective, the manufacturer or seller may be responsible under product liability laws. Identifying the appropriate party—or parties—requires careful legal analysis and may involve reviewing witness statements, physical evidence, and insurance policies.

You may have a valid product liability claim if:

• The firework was defective in design or manufacture
• You were using it as intended
• The defect directly caused your injury

🔴 Example: A mortar explodes prematurely despite correct handling.

Property owners and event organizers may be liable if:

• Fireworks were used unsafely
• Safety precautions weren’t followed
• Guests were injured by foreseeable risks

People may also be liable if they:

• Intentionally discharged fireworks near others
• Aimed fireworks at a crowd
• Used fireworks while impaired or distracted

Insurance & Fireworks: What’s Covered?

The South Carolina Department of Insurance provides important guidance on how insurance policies apply to fireworks-related incidents. If you are using legal fireworks at home, your homeowners insurance will often cover property damage and injuries. If a guest is injured, liability coverage under your policy may apply, depending on the circumstances. However, if illegal fireworks are involved, your insurer may deny coverage, leaving you personally responsible. For injuries to household members, health insurance may provide coverage for medical treatment.

Real-world examples illustrate how these policies may apply: If a neighbor sets your property on fire using legal fireworks, their homeowners liability policy may cover your damages. If the same fire was caused by illegal fireworks, their insurer might deny the claim altogether. If your child under the age of 13 causes damage with fireworks, your policy will likely still provide coverage. And if an unknown individual causes firework-related damage to your home, your own homeowners policy may allow you to file a claim.

Filing a Lawsuit

Timing & Process

In South Carolina, the statute of limitations for filing a personal injury lawsuit, including those involving fireworks, is three years from the date of the injury. Although that may seem like ample time, it’s important to act quickly, as the legal process often involves several stages, including filing the complaint, conducting discovery, engaging in settlement negotiations, and potentially proceeding to trial. Having experienced legal representation throughout this process is essential to ensure that all filings are accurate, complete, and submitted on time.

Gathering Evidence

Building a strong firework injury case depends heavily on the quality and completeness of the evidence. Key evidence may include photographs of the injury or the accident scene, detailed medical records, and statements from eyewitnesses who observed the incident. Physical evidence—such as the remains or packaging of the firework—can help establish whether a defect played a role. In some cases, police or fire department reports may also provide valuable documentation to support your claim. Collecting and preserving this evidence early is essential to strengthening your case and holding the appropriate parties accountable.

Why Legal Representation Matters

Navigating a firework injury claim can be overwhelming, especially when you’re also dealing with medical treatment and recovery. An experienced personal injury attorney can make all the difference. Your lawyer will conduct a thorough investigation of the incident, identify all potentially responsible parties, and handle communications and negotiations with insurance companies. Perhaps most importantly, they will work to ensure you receive the maximum compensation available under the law. With a skilled attorney by your side, you can focus on healing while they manage the legal complexities of your case.

Contact Palmetto State Injury Lawyers for a free consultation today.

Fireworks are a beloved tradition in South Carolian, but they come with real risks. From navigating local ordinances to pursuing compensation after an injury, knowing your rights can. make all the difference.

If you or someone you love has been hurt by fireworks, even if you were holding it, you may still have a case. Let us help.