Fireworks may be fun, but are they a recreational activity?  This case got started when the Land O’Lakes Wisconsin Lions Club held its annual Fourth of July festivities, which included flag raising, a parade, a picnic and fireworks.  John, who was a volunteer, was told to clean out the firing tubes after each detonation with a stick with protruding nails.  Unfortunately, one of the tubes blew up in his hands causing severe and permanent injuries.  John sued the Lions Club, which defended on the grounds that the Recreational Immunity Statute protects landowners who make their property available for recreational activity, which is defined as any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure.  The Court concluded that regardless of whether fireworks are recreation, John’s intent was to work and not relax or recreate, and negligent instructions given to him had nothing to do with recreational activity.  So be careful this July Fourth, for if the fireworks don’t work, liability is clearly in the air.

THIS IS NEIL CHAYET LOOKING AT THE LAW™
John “Jack” Kosky and Dorothy “Dolly” Kosky v. International Association of Lions Clubs, et al., April 29, 1997, Cane, J., 210 Wis.2d 463, 565 NW2d 260

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