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Don’t Let Your Fourth Go Up in Smoke: Fireworks and Liability in New Hampshire
The Fourth of July in New Hampshire is about tradition: grilling burgers, waving flags, and watching the night sky light up in red, white, and blue. But before the festivities begin, it’s worth taking a moment to understand what’s legal, what’s not, and how one well-meaning spark can ignite a legal firestorm.
What’s Legal in New Hampshire
New Hampshire law permits the sale and use of certain “consumer fireworks”—such as Roman candles, fountains, and bottle rockets—to individuals 21 and older, as governed by RSA 160-B and RSA 160-C. That said, don’t assume you can light up just anywhere. Many towns across the state prohibit fireworks entirely, while others allow them with strict limits on when, where, and how they can be used.
Civil Liability: It’s Not Just a Warning Label
New Hampshire doesn’t just regulate fireworks; it attaches real consequences when improperly used. Under RSA 160-B:11 and RSA 160-C:7, if someone is injured or property is damaged due to the unlawful sale or use of fireworks, the person responsible can be sued, and the usual defenses won’t help. Specifically, the law eliminates “assumption of risk” and “contributory negligence” as defenses, meaning it doesn’t matter if the injured party knew the risks or played a role in the incident. Liability still sticks.
Accordingly, if you’re thinking a quick backyard show is harmless fun, it’s worth pausing. Even if you follow the rules, you should check your homeowner’s insurance to make sure it covers firework-related accidents. One rogue rocket could mean more than just a scorched lawn, it could lead to a lawsuit.
Planning a Public Display? Don’t Skip the Fine Print.
If you’re a business, organization, or municipality planning to host a public fireworks display, you’ll need to do more than hire a fireworks company and pick a launch site.
Under New Hampshire law, a permit must be obtained through the State Fire Marshal’s Office, and the application must be submitted to local authorities at least 15 days before the event. Along with the permit, you must meet insurance requirements. While the details vary depending on the size and nature of the event, the State Fire Marshal must be listed as a certificate holder on your policy.
Practical Tips
- Check your local laws: Just because it’s legal in one town doesn’t mean it’s legal where you are.
- Buy from licensed dealers: Avoid shady stands selling questionable products.
- Don’t modify fireworks: This isn’t a science fair. It can turn a legal device into an illegal explosive.
- Use common sense: Don’t light fireworks near schools, gas stations, or other hazardous locations, and always be mindful of your neighbors.
Final Word: Celebrate Smart
Whether you’re selling fireworks, organizing a public display, or just planning to light a few in your backyard, it pays to understand the legal landscape and your liability. A little preparation can go a long way toward keeping your celebration festive, safe, and lawsuit-free. If you have questions about compliance, permitting, or potential liability, reach out to our team before your celebration goes from patriotic to problematic.
Daniel E. Granfield, Attorney
Sulloway & Hollis, P.L.L.C.
9 Capitol Street, Concord, NH, 03301-6310
Phone: (603) 223-2842 | dgranfield@sulloway.com
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