Summer fireworks are as eye-popping as they are dangerous. In most cases, they’re also illegal in Wisconsin without a valid permit.

But prosecution of violators is rare and while cases involving injuries occur, serious incidents are an anomaly.

State statute provides that a person who possesses or uses fireworks without a valid permit, or who sells them to someone who doesn’t have a valid permit, can be subject to a fine of up to $1,000 per violation.

It’s not uncommon for fireworks to be set off by private citizens around the 4th of July or festivals like last weekend’s Festa Italiana in Milwaukee, But Waukesha County District Attorney Brad D. Schimel said in almost all cases, offenses end with a citation from police who catch someone in the act and there just aren’t the resources available to effectively monitor illegal use of fireworks.

“Nobody complains until something happens and then you have a law named after a little child,” he said. “I’ll concede that it’s not a high priority, but the hair on the back of my neck still stands up with worry.”

Other district attorneys in the state said they could not recall prosecuting a case involving illegal use of fireworks, although statute does allow for municipalities to obtain an injunction against an offender.

Violations of those injunctions are criminal misdemeanors, subject to up to nine months in jail and a $10,000 fine.

“If law enforcement were to bring us a case, we probably would prosecute it because that’s what we do and we don’t turn away many cases,” said Barron County District Attorney Angela L. Beranek. “But it’s probably not a high priority for them.”

In his 20 years as Crawford County District Attorney, Timothy C. Baxter could only think of one instance where local law enforcement even reprimanded a minor for buying fireworks outside the city limits.

For the most part, Beranek said people are more tolerant around summer holidays like the 4th of July and until there is an incident, her office likely won’t get involved.

Personal injury cases involving fireworks are also rare.

Milwaukee personal injury lawyer Thadd J. Llaurado won a case several years ago in which his client sustained a severe ankle injury when a six-inch mortar shell tipped over on a pier and fired into a crowd of spectators on Oconomowoc Lake.

“They were not professionals, but the fireworks were fired electronically and unbeknownst to the person pushing the button, the rack fell over and fired into the crowd,” he said.

Madison lawyer Donald J. Murphy represented a cleaning woman whose right hand was severely injured when she lit what she thought was a candle, but was actually to be a small explosive stick, while on the job.

His client, Dora Alvarado, worked for a cleaning business that was employed by an apartment management company. Alvarado unsuccessfully sued for common law negligence in a case that reached the state Supreme Court.

Murphy obtained a more favorable and confidential result in a fireworks case in which he represented a young child who sustained significant orthopedic injuries.

“It involved some very intensive investigation in trying to determine who the responsible party may be and where the liability insurance coverage may lie,” he said.

Given the time needed to investigate incidents, which can include hiring a fireworks expert to testify, Murphy said damages often have to be significant to pursue a case.

It also depends on whether the initial investigation establishes a reasonable or strong liability argument.

Arthur E. Kurtz, who worked on the defense side in the Alvarado case, added that plaintiffs also need to assess risk versus reward when deciding to pursue a fireworks case.

In the Alvarado case, he said insurers may have been willing to settle for five figures, but the case went to trial and the plaintiff lost.

“To me that case cried out for some quick, cheap settlement,” said Kurtz, of Axley Brynelson LLP. “But obviously, that’s not going to be anything long term as far as damages.”

But Murphy argued “if you have a case with potential seven figure values, it certainly might be worth taking a shot at.”

A jury awarded Llaurado’s client $2.2 million in the Oconomowoc case and the Murphy & Prachthauser attorney said while his firm has handled smaller fireworks cases, from a business perspective, it’s difficult to justify spending significant time and money “on cases that are worth $10,000.”

Jack Zemlicka can be reached at jack.zemlicka@wislawjournal.com.