Fireworks, the Fourth and Avoiding Fault

 

Written by Tanya Tate,

On the days following Independence Day, attorneys across the country will receive calls from individuals and companies seeking representation on matters involving personal injury and/or property damage resulting from the improper use of fireworks. The illegal use of fireworks can subject individuals to significant legal liability. In fact, the use of fireworks in violation of Georgia statutes or ordinances can arguably be deemed to constitute negligence per se. Understand your client’s potential exposure by reading this up-to-date summary of restrictions related to the use of fireworks in Georgia, as of July 1, 2018:

It is legal to use fireworks:

  • Any day between 10 a.m. and 11:59 p.m. 
  • New legislation effective July 1, 2018 gives local authorities the option to restrict the use of fireworks at certain times, provided the restriction is part of a general noise ordinance that does not apply solely to fireworks. 
  • Regardless of local legislation, the use of fireworks is legal until 11:59 p.m. statewide around certain holidays: the weekend before Memorial Day, Independence Day, Labor Day and New Year’s Eve until 1:00 a.m.

It is illegal to use fireworks:

  • Within 100 yards of any of the following:
  • Electric paint
  • Water treatment plant
  • Waste-water treatment plant
  • Gas station
  • Refinery
  • Electric substation
  • Hospital
  • Nursing home
  • Other healthcare facilities
  • Within any park, historic site, recreational area, or other state property
  • While under the influence of alcohol or drugs

You must be at least 18 years old to purchase fireworks.

Happy Fourth of July! Be smart and be safe!

 

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