CHARLOTTE, N.C. — It's the Fourth of July, and you’ll likely hear fireworks going off all night, but what happens if you get injured during a fireworks display?
Personal fireworks are illegal in North Carolina, but not in South Carolina.
WCNC Charlotte viewer Scott D wanted to know, if someone gets hit by a stray firework and is injured, is the person who set them off responsible?
OUR SOURCES
- North Carolina law
- South Carolina law
- Attorney Gary Mauney
WHAT WE FOUND
Mauney said there's one important thing to note in North Carolina.
"In North Carolina, unless you're properly permitted and licensed, you are not allowed to possess what most people consider to be fireworks," Mauney said.
For those caught setting off fireworks that explode or take off from the ground in North Carolina, Mauney said you could be charged with a misdemeanor.
So what if you ignore the law and set off a firework and it ends up hitting someone? Mauney said you could face something called negligence per se.
"That's important because negligence per se means that someone's not going to have to prove whether or not you acted with reasonable care not like you normally would on a negligence claim," Mauney explained.
Now if you’re watching a sanctioned fireworks show put on by the city and you get injured by the display, Mauney said you could also have a case there too.
"It's very likely that you will be able to sue the city, like a normal person if you are harmed by fireworks. and you would prevail if you could prove your claim," Mauney said.
And if you set off personal fireworks in South Carolina where it is legal? Mauney said that doesn’t mean you’re off the hook if you injure someone.
"So even if you are a proper person, to fire fireworks, you have to use reasonable care when you do that," Mauney said. "Or under our law of negligence, you're going to be found liable."
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