Who Is Liable for a Burn Injury?

Burns can come from fire, scalding liquids, chemicals, electricity or explosions. When someone else's negligence or a defective product caused the burn, the injured person may have a claim.

Who may be responsible

Claims usually rest on negligence, the failure to use reasonable care (Cornell LII), or product liability, which can apply strict liability to defective products (Cornell LII). See defective product claims and premises liability.

First steps after a burn

1. Get medical care immediately. Large, deep, or electrical and chemical burns, and burns to the face, hands, feet or genitals need emergency care.
2. Report the incident to the property owner, landlord, employer or fire department, and get report numbers.
3. Keep the product, its packaging and receipt; do not return it to the manufacturer.
4. Photograph injuries over time and the scene.
5. Check for recalls with the CPSC.

What a claim can cover

• Emergency care, burn unit treatment, skin grafts and future reconstructive surgery
• Physical and occupational therapy
• Lost wages and reduced earning capacity
• Scarring and disfigurement
• Pain, emotional distress and psychological treatment

Serious burns often involve years of treatment, so claims should not be settled until doctors can estimate future care. See how pain and suffering is calculated.

At work

Workers' compensation generally pays medical bills and part of lost wages regardless of fault, but it usually bars suing the employer. You may still sue a third party, such as the maker of defective equipment. See what to do after a workplace injury.

A personal injury lawyer can investigate the cause, often with fire experts.

Sources

1. Cornell Law School LII: Products liability
2. Cornell Law School LII: Negligence
3. U.S. Consumer Product Safety Commission: Recalls