Explosive Consequences: How NH and MA Differ on Liability for Firework Injuries~4 min read

As summer continues, many of us eagerly anticipate fireworks displays. But when mishaps occur, the legal question arises – who’s responsible? New Hampshire and Massachusetts adopt vastly different legal frameworks regarding firework-related injuries. Understanding these distinctions is pivotal for consumers, event organizers, and legal practitioners. At PMM law, we make it our business to know these rules and how they affect our clients.

New Hampshire: Regulated Use with Civil & Liability Protections

1. Legal Use of Fireworks

In New Hampshire, consumer (Class C) fireworks are legal for those aged 21+ and can be purchased from licensed retailers. Anyone using fireworks must follow both state and local ordinances. Those ordinances can be easily found at the NH fire marshal’s website. Violations of licensing rules may result in misdemeanor or administrative penalties.

2. Insurance Mandates and Civil Liability

Retailers and show organizers must carry evidence of financial responsibility, though retailers of consumer fireworks are exempt from bonding requirements.

Civil liability is particularly important. Under RSA 160‑C:7, anyone illegally selling or using permissible fireworks is strictly liable for resulting damages and they cannot hide behind “assumption of risk” or contributory negligence defenses. Essentially, even if someone is injured through their own fault, illegal sale or misuse triggers liability.

3. Comparative Fault and Apportionment

New Hampshire follows a comparative fault regime where liability is apportioned based on each party’s fault, possibly extending to non-parties “responsible” for injuries. In complex firework injury cases—such as manufacturing or retail chain incidents, multiple actors may share legal responsibility under RSA 507:7‑e.

4. Manufacturer Liability

Manufacturers and distributors can also be liable under implied warranties, such as the warranty of merchantability. For instance, in Virgin v. Fireworks of Tilton, a plaintiff claimed breach of warranty due to unsafe fireworks, and discovery revealed the foreign manufacturer’s role. This shows negligence and product liability theories are alive and well in New Hampshire law.

🔹 Massachusetts: Zero Tolerance for Consumer Fireworks

1. Fireworks Are Banned

Massachusetts bans all consumer fireworks, including sparklers and novelty items. It is illegal to possess, sell, or transport any fireworks, even across state lines, and law enforcement actively seizes them.

2. Criminal Penalties and Enforcement

Penalties range from fines (e.g., $100 for unlawful possession) to criminal charges like disturbing the peace . High-profile incidents, like serious injury, may prompt further charges.

3. Civil Liability From Illegal Use

While Massachusetts doesn’t offer a strict liability statute like New Hampshire, illegal fireworks use opens the door to negligence claims. Courts have held that landowners who knowingly allow unlawful displays may be liable, but mere property ownership is insufficient unless it’s shown they provided or facilitated the fireworks.

For example, in Berube v. Luoni, the Massachusetts Supreme Judicial Court concluded a host was not liable for injuries when they did not supply nor facilitate the fireworks.

4. Strict Liability for Dangerous Products

Retailers or manufacturers can face strict liability under Massachusetts’ product liability laws if a defective firework causes harm. Dangerous product liability claims, like for a misfiring device, don’t require proof of negligence, only that the product was defective and caused injury.

5. Joint & Several Liability with Negligence

Massachusetts follows joint and several liability: if multiple tortfeasor’s cause injury, anyone may be on the hook for full damages, though contribution can be sought.

Key Differences: New Hampshire vs. Massachusetts

Advice for Consumers & Organizers

In New Hampshire, licensed fireworks are available, but any deviation from law or local code can lead to strict liability if someone is harmed. Organizers must secure permits, carry insurance, follow label directions, and check for dangerous weather. Manufacturers and sellers must ensure products are safe and non‐defective.

In Massachusetts, possession or use of fireworks is risky on multiple fronts. Criminal penalties can accompany injury liability. Hosts should not allow fireworks on their property. Moreover, retailers supplying to Massachusetts residents could face product liability suits, even if sold legally in another state.

Final Takeaways

• New Hampshire: regulated fireworks with strong civil liability protections. Licensing, insurance, compliance, and safety measures are essential.
• Massachusetts: consumer fireworks are banned. Any use, especially resulting in harm, can trigger criminal charges and civil lawsuits under negligence or product liability.

Bottom line: If you’re lighting your own fireworks, New Hampshire requires careful compliance to avoid civil liability; Massachusetts demands abstention, with legal recourse available to injured individuals. Always prioritize safety, when in doubt, let licensed professionals handle the pyrotechnics.

If you were injured as a result of a firework accident, our experienced attorneys at PMM Law can help. Contact us today if you need help determining whether you have a firework injury claim.