Using fireworks is a common tradition on New Year’s Eve and during many private celebrations. Unfortunately, every year accidents, burns, property damage, and situations occur in which liability falls not on the person who caused the harm, but on the property owner or a parent.
Are Fireworks Legal? What Does Polish Law Say?
Legality of Fireworks – General Rules
In Poland, using fireworks is legal, but only under specific conditions. They may be used exclusively by adults, and the products must comply with the requirements of the Act on Explosive Materials for Civilian Use.
However, more and more cities are introducing local bans, especially in town squares, pedestrian zones, and near parks or nature reserves. This means you should always check whether the place where you intend to set off fireworks allows it at all.
Where Is It Forbidden to Launch Fireworks?
In many municipalities, bans on using pyrotechnics in public areas are in force. This means you may receive a fine for setting off fireworks in, for example:
- city centres,
- areas surrounding parks and nature reserves,
- near public buildings,
- locations designated in local resolutions.
Violating such a ban = risk of a fine, even if nothing harmful happens.
When Is a Permit Required?
Ordinary private firework displays (e.g., on New Year’s Eve) do not require any formal permission, as long as you comply with basic safety rules.
It is different in the case of larger or commercial events — then the organiser must provide additional safety measures. A permit or notification is required when:
- it is a mass event,
- the display requires specialised safety arrangements and supervision,
- the pyrotechnics are handled by certified professionals,
- the display takes place in an area that requires prior notification, e.g., to the fire brigad.
In such cases, the display is treated as a high-risk activity.
Private Firework Displays – What Is Allowed?
If you set off fireworks on your own, as a rule:
- you may use only legal products approved for sale,
- you must ensure that the display does not pose a risk to people or property,
- you must verify that the area is not subject to a local ban.
Although formal permits are not required, liability for any damage falls on the person launching the fireworks, so it is worth being aware of the rules and checking local regulations beforehand.
Types of Liability for Using Fireworks
Using fireworks may lead to two main types of liability: civil and criminal. Both can carry serious consequences – even if you did not act intentionally.
Civil Liability
Civil liability is based on the principle in Article 415 of the Civil Code: whoever causes damage must repair it.
This type of liability arises, for example, when fireworks:
- damage a car, balcony, façade, or other property,
- cause burns or other injuries to people,
- violate someone else’s property rights even without malicious intent.
Article 427 of the Civil Code is particularly important: If the damage is caused by a child, the parents or guardians are liable unless they prove that they exercised due care – which in practice is difficult.
Criminal Liability
Criminal liability arises when the use of fireworks endangers life, health, or property, or causes serious damage. Possible charges may include:
- Article 160 of the Penal Code -exposing others to the risk of death or serious injury,
- Article 288 of the Penal Code – destruction of property (e.g., burning a façade or vehicle),
- Article 162 of the Penal Code – failure to provide assistance to an injured person
Liability may also arise in cases of disturbing public order through irresponsible use of firecrackers.
Misdemeanours
Even if nothing has happened, careless handling of pyrotechnic materials may itself constitute a misdemeanour. The most commonly applied provisions include:
- Article 51 of the Code of Petty Offences – disturbing peace or public order,
- Article 82 of the Code of Petty Offences – violation of fire safety regulations,
- Article 83 of the Code of Petty Offences – careless handling of flammable or explosive materials.
This means that simply using fireworks “irresponsibly” may result in a fine, even if no damage or injury occurs.
When Is the Property Owner, Parent, or Event Organiser Liable?
Using fireworks does not always mean that only the person who ignited them is responsible for any resulting damage. Liability may also fall on parents, the property owner, or the event organiser – especially when proper supervision or safety measures were lacking.
Liability of Parents and Guardians
If damage is caused by a minor, liability generally falls on the parents, legal guardians, or the institution that had supervisory responsibility at the time (Article 427 of the Civil Code). Adults must prove that they exercised due care – which in practice is difficult.
A parent may be liable, for example, when:
the child sets off fireworks without permission but under nominal adult supervision,
the child was not prevented from accessing pyrotechnics,
damage occurred even though the child had no malicious intent.
Compensation may cover both property damage (e.g., a window, car, or façade) and medical expenses for the injured person.
Liability of the Property Owner
A property owner may also be held liable for damage related to the use of fireworks, especially when they knew a display was planned and failed to ensure safety.
A property owner may be liable when:
they knew about the planned display and introduced no safety measures,
they tolerated fireworks being set off in an area where a local ban applied,
they allowed unauthorised persons to use the premises without providing supervision.
Example: if an accident occurs on the property during an informal display that the owner neither reported nor secured, they may incur civil liability and, in some cases, liability for a misdemeanour.
Liability of the Event Organiser
The event organiser is responsible for ensuring that a fireworks display complies with legal requirements and is properly secured.
The organiser may be liable when:
the area was not secured correctly,
unqualified persons were allowed to handle pyrotechnics,
improper or dangerous materials were used
In such cases, the organiser bears full responsibility for any damage resulting from the display.
Fireworks and Real Risks – Examples and Consequences
Fireworks may look impressive, but they carry real risks to health, life, and property. Every year, hundreds of accidents, burns, and fires occur, and the financial consequences can be severe – especially when liability falls on a private individual.
Most Common Injuries and Types of Damage
In practice, the most frequently encountered injuries and damages include:
burns to the hands, face, and arms,
hearing damage caused by detonations too close to people,
fires of balconies, roofs, or garden structures caused by a single poorly launched firework,
damage to façades and parked cars,
injuries to children resulting from inexperience and curiosity.
Children are particularly at risk, as their behaviour is difficult to predict and injuries often require long-term medical treatment.
What Most Often Leads to Damage?
Experience from many cases shows that most incidents are caused by:
lack of supervision over children,
improper handling of pyrotechnics,
using cheap or uncertified products,
choosing an unsuitable location for the display,
the belief that “it’s just one firecracker” and nothing will happen
Example from Practice – How Does This Look in Real Cases?
In one case handled by the firm, a minor ignited a single firecracker that struck a building façade and ignited the insulation. The fire brigade had to intervene. Although the teenager had no malicious intent, financial liability fell on the parents, and their liability insurance did not cover damage caused by pyrotechnics.
This shows how easily even a small incident can turn into an expensive problem – and how important it is to understand safety rules and the scope of your legal responsibility.
How to Protect Yourself from Liability?
To avoid legal and financial problems related to fireworks, it is worth preparing in advance. Three areas are key: proper insurance, legal products, and safety rules. These simple steps significantly reduce the risk of damage and liability.
Check Your Liability Insurance
One of the most overlooked yet very important preparations is verifying your liability insurance.
Before setting off fireworks, check whether your policy:
covers damage related to the use of pyrotechnics,
covers damage caused to third parties or housing communities,
does not contain exclusions related to fireworks (many policies do)
If your coverage is insufficient, it is worth purchasing an appropriate extension to avoid having to pay for damage out of your own pocket.
Buy Only Legal Fireworks
Legal pyrotechnics must have:
CE marking,
instructions in Polish,
a conformity certificate.
Avoid products of unknown origin – they are more dangerous and make it harder to pursue claims in case of an accident.
If you plan a display on communal property, it is advisable to inform the property manager, municipal guards, or the housing community in advance. This reduces the risk of misunderstandings and accusations of creating a hazard.
Follow Safety Rules
Even the best insurance cannot replace common sense. Always remember a few essential rules:
Key Safety Principles:
never ignite fireworks while holding them in your hand,
always maintain a safe distance,
ensure the display area is free of obstacles and flammable materials,
do not allow children to handle pyrotechnics on their own,
discard any products that appear damaged.
Combining common sense, preparation, and proper insurance helps minimise risk and avoid serious legal, financial, and health-related consequences.
Summary – How to Use Fireworks Safely and Without Risk?
Fireworks may be impressive, but they carry real legal, financial, and health-related risks. The person igniting them is usually liable for any damage, but responsibility may also fall on a parent, property owner, or event organiser. That is why the key is to act consciously: use only legal pyrotechnics, check local bans, secure the area, and never allow children to handle fireworks.
Have doubts or worry that someone is trying to shift blame onto you? Contact us – we will analyse the situation and help you resolve it safely.
Frequently Asked Questions (FAQ)
Can I set off fireworks on my own balcony?
No. Balconies are considered part of the building façade, and setting off pyrotechnics there is prohibited and dangerous.
Can I be held liable for fireworks set off by an unknown person on my property?
Yes, the owner may be liable for lack of proper supervision, especially if they were aware of risky behaviour.
Can a child set off fireworks?
No, and doing so always results in parental liability.
Will my liability insurance cover damage caused by fireworks?
Not always – many policies exclude damage caused by pyrotechnic materials.
