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Fireworks Laws and Liability in Texas

Fireworks Laws and Liability in Texas

As Texans eagerly prepare to celebrate special occasions and holidays with vibrant fireworks displays, it is essential to understand the laws and regulations surrounding their purchase, possession, and use.

Fireworks are an exhilarating part of our cultural heritage but pose potential risks and hazards. Here, you can learn more about fireworks laws and liability in Texas. This will ensure you are well-informed and can enjoy fireworks responsibly and legally.

Fireworks Regulations in Texas

The Texas Occupations Code, Health and Safety Code, and local ordinances primarily govern fireworks regulations in Texas. Understanding these regulations is crucial to ensure compliance and avoid legal issues. Here are some key points to keep in mind:

Types of Fireworks Permitted

In Texas, fireworks sales, possession, and use are regulated. Permissible fireworks in the state fall under “1.4G fireworks” and “1.4S fireworks.” The former includes consumer fireworks such as sparklers, fountains, and certain aerial fireworks, while the latter encompasses professional display fireworks.

Age Restrictions

To purchase and possess fireworks, an individual must be at least 16. However, it is important to note that certain types of fireworks may have specific age restrictions imposed by the manufacturer.

Fireworks Prohibited

Texas law explicitly prohibits possessing and using skyrockets with sticks, missiles with fins, and aerial fireworks with explosive charges exceeding a specified amount. Additionally, fireworks cannot be sold, possessed, or used within 100 feet of a place where flammable liquids or compressed gases are stored or dispensed.

Fireworks Liability in Texas

While fireworks can bring joy and excitement, accidents can happen. Understanding the potential liabilities and responsibilities associated with fireworks usage is crucial. Here are some important points to consider:

Personal Injury and Property Damage

Liability can arise if a person is injured or property is damaged due to fireworks. In Texas, individuals using fireworks are generally responsible for any harm caused to others or their property. It is essential to exercise caution and follow safety guidelines to minimize the risk of accidents.

Negligence and Fireworks

Negligence can play a significant role in determining liability for fireworks-related incidents. Negligence occurs when a person fails to exercise reasonable care, leading to harm or injury. If someone’s negligent actions, such as improper use or disregard for safety precautions, result in damages, they may be held liable for the consequences.

Local Ordinances

Apart from state laws, various cities, and counties in Texas may have additional regulations regarding fireworks. It is crucial to familiarize yourself with local ordinances to ensure compliance. Some municipalities may have stricter restrictions or even completely ban fireworks, particularly in densely populated areas or during drought conditions.

Safety Measures and Best Practices

To ensure a safe and enjoyable fireworks experience, it is essential to follow safety measures and best practices. Consider the following guidelines:

  • Purchase from Licensed Sellers: Only purchase fireworks from licensed retailers authorized to sell them in Texas. These sellers adhere to safety standards and provide legally permissible fireworks.
  • Adult Supervision: Always have a responsible adult present when fireworks are used, particularly if children are involved. Adults should handle fireworks and ensure they are used safely.
  • Safe Distance and Location: Set off fireworks in a safe outdoor area away from buildings, dry grass, or other flammable materials. Maintain a safe distance from spectators, structures, and vehicles.
  • Follow Instructions: Read and follow the instructions provided by the manufacturer on each firework. Ignite fireworks one at a time and move away quickly after lighting them.
  • Water and Fire Safety: Keep a bucket of water, hose, or fire extinguisher nearby to extinguish any potential fires. Dispose of used fireworks in a bucket of water to prevent accidental fires.

Understanding Fireworks Laws and Regulations in Texas

Fireworks can enhance our celebrations and create memorable experiences when used responsibly and following Texas laws and regulations. By understanding the fireworks regulations and liabilities and adopting safety measures, we can enjoy the festivities while ensuring the well-being of ourselves, our loved ones, and the surrounding community. Let’s celebrate responsibly and have a safe and enjoyable fireworks season in the great state of Texas.

If you are injured in a fireworks-related accident due to someone else’s negligence, we can help. At The Burkett Law Firm, we have represented accident victims for years and helped them recover the compensation they deserved. Contact us at (361) 223-6870 to schedule a free initial consultation to discuss your case.


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