Police officers in the Netherlands look out at a group of people on the street as fireworks explode over their head just after midnight on New Year's Day.- Credit: Politie / Politie - License: All Rights Reserved

Those who break Dutch firework ban now more likely to pay damages themselves

People who cause fireworks damage can now be hit faster and harder financially because of the fireworks ban than before, the Dutch Association of Insurers told RTL Z. “Anyone who knowingly stores fireworks now should not count on the insurer picking up the bill.”

On August 1, a nationwide ban on consumer fireworks came into force. Only fireworks in the so-called F1 category may still be used. These include sparklers, snap poppers, and decorative cake fountains.

The Association of Insurers says the position of the person who causes fireworks damage has become “riskier.” “What used to be legal consumer fireworks is now prohibited for consumers. That can weigh heavily when assessing liability and damage,” spokesperson Elias van Hees told RTL.

Perpetrators can now more easily be personally held liable for fireworks damage, meaning they may ultimately have to pay the costs themselves in events of fireworks-related conscious recklessness or illegal use.

“If the victim’s insurer has paid the damage, it can try to recover the costs from the person who caused it,” the spokesperson said. “In addition, liability insurance policies generally do not provide cover when criminal offenses have been committed.”

This does not only relate to damage caused by setting off fireworks, as possession of almost all fireworks is now also illegal. The key insurance question is whether someone deliberately brings or keeps prohibited products, Van Hees told RTL.

“If that leads to a fire, explosion, or other damage, coverage for the person’s own damage can be refused. The owner can also be held personally liable for damage to neighbors, homes, vehicles, or people,” he explained. “Anyone who knowingly stores fireworks now should not count on the insurer picking up the bill.”

In many cases, the insurer is also expected to pay out to those affected by someone else’s firework explosion, for example. In these cases, “the insurer can try to recover the costs from the person who stored or used the fireworks.”