Last updated on November 30th, 2021 at 01:32 pm

Children find unexploded firework after public firework display

John (not actual name), aged 13 at the time, was playing with his friends in his shed and decided to go and have a look around the Sheffield community centre where a firework display had taken place the evening before.  One of his friends had said that he had seen some fireworks on the floor.  Kicking around the shreds of dead fireworks, John found a large round firework that had not been used: fuses on the side of it had not been lit.  One of his friends had a lighter and they decided to light the firework, but, rather than giving them the display as they had expected, instead of the fuse lighting and then burning, the firework exploded immediately.

Child’s lucky to keep his eyesight when firework explodes in his face

John was crouching sideways next to the firework, looking at it, when it was being lit.  He felt immediate pain when it exploded and, with soot in his eyes, he couldn’t see.  He managed to pull his eyes open a few seconds later but all he could see was a blur.  He put his hand up to his eyebrow and found it covered in blood.  Shocked and frightened, John felt pain all down the left hand side of his face and was unable to open his mouth.  He was taken to a friend’s house by his friends and from there was driven to his home and on to Sheffield Children’s Hospital where he had an operation on his eye and treatment on his burns.  He remained I hospital for two nights.  John’s doctor told him he was lucky to have kept his eyesight – which was protected by glasses he was wearing at the time.  John is now very wary of bonfires and fireworks and very conscious of the scars he has as a result of the accident.

Council responsible for the accident

John’s parents contacted Graysons Solicitors.  We took on the case, contacting the council to make a claim for compensation, stating that the accident resulted from its own negligence as it had:

• Not taken reasonable care to ensure the community centre grounds were safe to use.
• Allowed the firework to be become a danger in the grounds that were accessible to local children.
• Not cleared the site properly after the firework display.
• Not given any warning that the fireworks were within the grounds.
• Allowed the grounds to be accessed the day after the fireworks display, even though it was known that the fireworks were still there.
• Didn’t put any barriers around the firework debris and the unspent firework, or indeed the community centre itself.
• Didn’t employ enough staff who were trained to to deal with the hazards of fireworks and the clearing requirements.
• Left the firework debris in place for 3 days after the display and only clearing it following the accident.

£8,000 compensation despite council denial

The council denied liability for the accident, but damagingly, admitted that the fireworks were stored in the open and not in a securely locked compound.  It also said that it believed that it had removed the hazard by dousing the fireworks, which clearly had not worked.

We were prepared to take the case to court but were able to settle the claim with the council for £8,000 and the client was delighted with the outcome.

One of our personal injury experts says:

“The council had the duty of care, as organisers of the firework display (as would all organisers), to take reasonable care, but also, as occupiers of the land, had an enduring duty to keep the site reasonably safe for visitors in all the circumstances.  Children are welcomed onto parkland for playing – and they are curious – so it is not unexpected that a child coming across unspent fireworks would light them. The accident was therefore reasonably foreseeable.”

If you are injured as a result of an organisation breaching its duty of care and you want to know whether you are able to claim compensation, contact our experts now.  Read more about our personal injury services.