One moment, you’re going about your day—and the next, everything changes.
Burn injuries can happen suddenly, whether at work, in your home, or during a routine errand. A faulty appliance, unsafe wiring, a chemical spill, or someone else’s careless mistake can lead to injuries that are not only physically painful but emotionally devastating. For many, the aftermath includes permanent scars, lost wages, and months—even years—of medical treatment and therapy.
In the legal world, building a strong burn injury case and proving liability means more than just blaming someone. It involves showing that the injury wasn’t your fault, that the responsible party acted carelessly or failed to act, and that their mistake caused real damage. That’s what legal professionals call negligence—when someone breaches their duty to keep others safe.
This article outlines the essential steps for building a strong burn injury case and establishing liability. It will also break down key legal concepts and examine different forms of burn-related claims—such as those involving workplace incidents, defective products, and property owner negligence.
Understanding how the law applies to your situation is a critical part of moving forward. By learning how courts assess fault, calculate damages, and evaluate evidence, you’ll gain a clearer picture of what to expect—and what’s required—throughout the claims process.
Let’s begin with the fundamentals and work through the process step by step.
Understanding the Degrees of Burn Injuries
Burn injuries vary in severity, and understanding the classification helps you evaluate the extent of damage and required medical treatment.
First-degree burns affect only the outer layer of the skin, causing redness and minor swelling.
Second-degree burns reach deeper, damaging both the outer layer and underlying tissue, often resulting in blisters and significant discomfort.
Third-degree burns destroy all layers of the skin and may cause nerve damage. Victims may feel no pain initially due to destroyed nerve endings.
Fourth-degree burns go beyond the skin and fat to damage muscles, tendons, and bones—often resulting in life-threatening complications.
The World Health Organization (WHO) stresses that early and accurate classification supports better recovery outcomes and appropriate medical interventions. Severe burn injuries often demand extensive medical treatment, ongoing physical therapy, and long-term rehabilitation costs.
Medical professionals document these details in medical records, which play a vital role in personal injury claims. Insurance adjusters and courts use this evidence to assess the severity of the injury and calculate burn injury compensation.
Proving Liability in Burn Injury Cases
To win a burn injury lawsuit, you must prove liability. This means showing that the responsible parties failed to uphold a duty of care, and their negligence directly caused your injuries.
The essential elements of proving liability include:
Duty of Care: The defendant had a legal obligation to ensure your safety.
Breach of Duty: The defendant breached that duty through action or inaction.
Causation: The breach caused the accident and the injuries.
Damages: The injuries led to measurable damages like medical bills, lost wages, and emotional distress.
To establish liability in a burn injury case, clear and well-documented evidence is essential. This often includes physical evidence from the accident scene, detailed witness accounts, and expert evaluations that support how and why the injury occurred.
Burn injuries resulting from someone else’s negligence typically fall under personal injury law. Whether the incident stems from unsafe working conditions, a hazardous rental property, or a defective product, identifying the cause and responsible parties is key. Each situation involves its own set of legal and factual complexities, which must be carefully examined to build a strong and credible claim.
Common Scenarios That Lead to Burn Injury Lawsuits
1. Workplace Burn Injuries
When an accident occurs in an industrial or commercial setting, burns may result from:
Chemical burns due to exposure to corrosive substances
Electrical burns from unprotected wiring or machinery
Thermal burns from open flames, hot surfaces, or steam
Employers must implement strict safety protocols and provide proper safety equipment. When they fail, workers suffer burn injuries that require extensive medical treatment. These cases often fall under workers’ compensation, but in some situations, third-party injury claims may apply if equipment manufacturers or contractors contributed to the accident.
2. Product Liability for Defective Products
Burn injury attorneys often see cases where poorly manufactured or inadequately labeled products cause harm. This includes:
Faulty kitchen appliances
Batteries that overheat and explode
Personal care products with chemical hazards
Product defect investigations examine whether a design flaw, manufacturing error, or lack of warnings played a role. These cases demand technical expertise and legal representation to hold corporations accountable and prove negligence.
3. Landlord Negligence and Premises Liability
Landlords have a legal duty to maintain safe living environments. Premises liability cases arise when tenants suffer burn injuries due to:
Faulty electrical wiring
Broken smoke detectors
Absent fire extinguishers or escape routes
When landlords fail to uphold basic safety measures—such as maintaining electrical systems or installing smoke detectors—tenants may have grounds to file a burn injury claim. In these cases, the focus is on showing that the landlord’s inaction directly contributed to unsafe living conditions that led to the injury.
Collecting Evidence to Build a Strong Burn Injury Case
Your injury case relies on compelling evidence that shows exactly how the burn occurred and who was at fault.
Key elements include:
Photographic and video evidence of the accident scene and visible injuries sustained.
Witness statements and detailed accounts from those who observed the incident or identified unsafe conditions.
Medical records detailing burn classification, treatment plans, and any symptoms that did not manifest immediately.
Physical and visual evidence like damaged products, safety gear, or damaged electrical wiring.
Expert testimony from reconstructive surgeons, fire investigators, and accident reconstruction specialists.
Collecting evidence immediately after the incident helps preserve the integrity of your claim. Burn injuries often result in emotional distress caused by disfigurement and physical pain. Documenting every detail supports your right to fair compensation.
The Role of Medical Evidence in Burn Injury Claims
Medical documentation provides critical evidence in burn injury claims. Courts and insurance companies evaluate it to understand:
Burn depth and classification
Extent of nerve damage and physical impairment
Type, duration, and costs of medical treatment and therapy
Need for ongoing physical therapy and any symptoms that did not manifest immediately
Disfigurement, disability, and the need for long-term care
Testimony from reconstructive surgeons and mental health professionals can play a critical role in burn injury cases. Their assessments help demonstrate the long-term physical and psychological impact of the injury, including emotional distress and conditions like PTSD. This expert input can support claims for non-economic damages and provide context for estimating future lost earnings.
How Comparative Negligence Affects Your Burn Injury Claim
Sometimes, the injured person shares part of the blame for the accident. For example, if you ignored safety warnings or misused a product, the defense may argue that your actions contributed to the injury.
Each state treats shared fault differently:
California
California follows a pure comparative negligence rule. You can recover compensation even if you were 99% at fault for the accident. The court will reduce your damages based on your percentage of fault.
Legal Reference: Li v. Yellow Cab Co., 13 Cal.3d 804 (1975); California Civil Code § 1714(a)
Nevada
Nevada applies a modified comparative negligence rule. You can recover damages only if you were 50% or less at fault. If you bear 51% or more of the responsibility, the law bars your recovery.
Legal Reference: Nevada Revised Statutes § 41.141(1)
Colorado
Colorado also uses a modified comparative negligence standard. You can pursue compensation only if you are less than 50% at fault. If you are equally or more at fault, the law bars your claim.
Legal Reference: Colorado Revised Statutes § 13-21-111
Understanding how your state handles shared fault plays a major role in how much compensation you can recover.
Calculating Damages in Burn Injury Lawsuits
To recover compensation in a burn injury lawsuit, damages must be identified and supported by evidence.
These typically fall into two main categories:
1. Economic Damages
These refer to the measurable financial losses directly related to the injury, including:
Medical bills and rehabilitation costs
Lost wages and future lost earnings
Costs of surgery and ongoing physical therapy
Travel expenses for medical appointments or specialist care
These figures are often supported by medical records, employment history, and financial documentation.
2. Non-Economic Damages
These cover the more personal and subjective effects of the injury, such as:
Emotional distress caused by trauma
Physical pain and suffering
Disfigurement and emotional scars
Loss of enjoyment of life and daily activities
Although harder to quantify, non-economic damages are a crucial part of ensuring full and fair compensation—particularly in cases involving lasting physical and emotional harm.
When Do Punitive Damages Apply in Burn Injury Cases?
Punitive damages are not awarded in every case. They are reserved for situations where the defendant’s conduct goes beyond negligence and involves gross recklessness or intentional harm. In the context of burn injury cases, this might involve:
Knowingly ignoring fire safety regulations
Failing to recall a hazardous product despite known risks
Repeated violations of safety protocols in the workplace
Unlike compensatory damages, which aim to make the victim whole, punitive damages are meant to punish the wrongdoer and deter similar conduct in the future. Courts evaluate the defendant’s behavior and may award these damages in particularly severe or egregious cases—especially when third or fourth-degree burns result from that misconduct.
Psychological and Emotional Impact of Burn Injuries
The effects of burn injuries extend well beyond physical trauma. Survivors often face lasting psychological challenges that can interfere with daily life, relationships, and self-identity. These emotional impacts are just as real as physical injuries and play a significant role in legal claims involving non-economic damages.
Common psychological conditions associated with burn injuries include:
Post-Traumatic Stress Disorder (PTSD): Flashbacks, nightmares, and heightened anxiety following the traumatic event
Depression: Feelings of hopelessness, isolation, or loss of interest in daily activities
Body Image Distress: Emotional pain related to visible disfigurement or permanent scarring
Social Withdrawal: Avoidance of public spaces or relationships due to embarrassment or fear of stigma
During the recovery process, these effects can intensify—especially when victims undergo multiple surgeries, experience long hospital stays, or struggle to return to work or daily routines.
Mental health professionals play a crucial role in identifying, diagnosing, and documenting these emotional injuries. Their evaluations can support the presence of emotional distress, which is a recognized form of noneconomic damage in personal injury cases.
Including these psychological assessments in a burn injury claim helps paint a full picture of the injury’s impact—not just on the body but on the person’s overall well-being. Courts and insurers may consider this evidence when determining compensation, particularly in severe cases where emotional recovery may take years or remain ongoing.
Burn Injury Cases and Legal Protections
Burn injury claims fall under a broader legal category called tort law, which allows individuals to seek compensation when harmed by another party’s negligence. In simpler terms, if someone had a legal duty to act safely and failed to do so—resulting in injury—you may have the right to recover damages.
States differ slightly in how they apply these protections, but the core principles remain the same.
1. Tort Law
Tort law serves as the foundation for personal injury cases. It covers civil wrongs—like unsafe property conditions or defective products—that lead to someone getting hurt. Victims must prove four key elements: duty, breach, causation, and damages.
California Example: Under California Civil Code § 1714(a), individuals are legally responsible for injuries caused by their failure to use ordinary care or skill. This principle supports burn injury claims against negligent landlords, employers, or product manufacturers who fail to maintain safe conditions or act with reasonable caution.
Colorado Example: Colorado applies traditional tort law principles and recognizes strict liability in product-related injury cases. Under the Colorado Product Liability Act (C.R.S. § 13-21-401), injured victims can file claims against a manufacturer or seller without proving negligence if the product was unreasonably dangerous and caused harm during normal use. Additionally, Colorado law follows the standard negligence elements—duty, breach, causation, and damages—when a party’s careless actions result in injuries, including those caused by unsafe premises or fire hazards.
Nevada Example: Nevada applies general negligence principles to premises liability claims, supported by NRS § 41.130. Property owners can be held liable if someone suffers burn injuries due to unsafe conditions, such as faulty wiring, missing smoke detectors, or lack of fire exits. Courts examine whether the owner knew or should have known about the danger and failed to act.
2. Occupational Safety and Health Administration (OSHA)
Under federal law, the Occupational Safety and Health Administration (OSHA) requires employers to maintain a work environment free from known hazards, including those that pose a risk of fire or burn injuries. These standards cover everything from the handling of flammable materials to the use of proper safety equipment and employee training.
In states like Colorado, these regulations are enforced directly by federal OSHA. In California and Nevada, state-run programs—Cal/OSHA and Nevada OSHA—carry out enforcement, often with additional safety requirements beyond federal minimums.
Employers who fail to follow these standards may be held responsible if a worker is injured as a result. For example, if an employee suffers a chemical burn due to improperly stored substances or a lack of protective gear, the employer may be in violation of OSHA standards.
This could support both a workers’ compensation claim and, in some cases, a separate personal injury lawsuit. If defective safety equipment or negligence by a third-party contractor caused the injury, you may sue those outside parties for additional compensation. However, you usually cannot sue your employer directly—even for gross negligence—due to workers’ compensation exclusivity laws. Only intentional misconduct by the employer may qualify for an exception.
Adhering to OSHA regulations is not just a legal obligation—it’s a crucial safeguard against preventable workplace injuries.
3. Consumer Protection and Product Liability Laws
When a burn results from a defective product—like a malfunctioning battery, overheated appliance, or mislabeled chemical—product liability law comes into play.
Nevada Example: Nevada recognizes strict product liability through long-standing case law rather than specific statutes. Courts in the state hold manufacturers and sellers liable for injuries caused by defective products—even without proof of negligence. To succeed in a strict liability claim, a burn injury victim must show that the product was defective, the defect existed when it left the manufacturer’s control, and the injury occurred during normal use. This doctrine applies in cases involving hazardous consumer goods, flammable materials, or inadequate product warnings and remains a key pathway for injured consumers to pursue compensation (Shoshone Coca-Cola Bottling Co. v. Dolinski, 82 Nev. 439, 420 P.2d 855 [1966]).
4. Premises Liability Statutes
Landlords and property owners must maintain safe environments for tenants and visitors. Premises liability laws apply when hazards like faulty wiring, missing smoke detectors, or broken safety exits cause burn injuries.
California Example: Under California Civil Code § 1941.1, landlords must provide habitable premises with working smoke detectors and electrical systems. A tenant injured by faulty wiring or the absence of fire protection may have a valid premises liability claim.
Colorado Example: Colorado’s Premises Liability Act (C.R.S. § 13-21-115) defines the legal duties property owners owe to different types of visitors. For invitees—such as tenants, customers, or maintenance workers—property owners must exercise reasonable care to protect against dangers they knew about or should have known about.
If someone suffers burn injuries due to faulty wiring, missing fire exits, or unmaintained electrical systems, the injured party can pursue compensation if the owner failed to fix or warn about the hazard. However, Colorado law provides more limited protections for licensees and trespassers, so the injured person’s status matters when filing a claim.
Statutes of Limitations for Burn Injury Cases
Every state limits the amount of time a victim has to file a personal injury lawsuit. These legal deadlines are known as statutes of limitations. Missing them can prevent you from pursuing compensation altogether—regardless of how strong your case may be.
Below is a breakdown of the time limits for filing a burn injury claim in California, Nevada, and Colorado:
California – 2 Years from the Date of Injury
Under California Code of Civil Procedure § 335.1, victims must file a personal injury lawsuit within two years of the date the injury occurred.
Applies to claims involving negligence, premises liability, and product defects.
If the injury was not discovered right away, the “discovery rule” may apply, starting the clock when the injury was or should have been discovered.
Claims against government agencies must be filed within 6 months, per Gov. Code § 911.2.
Nevada – 2 Years from the Date of Injury
According to Nevada Revised Statutes (NRS) § 11.190(4)(e), individuals must file personal injury claims—including those for burn injuries—within two years of the incident.
Covers claims based on negligence, defective products, and unsafe premises.
The two-year period begins on the date the injury occurred or was discovered.
Special rules may apply to minors or government-related claims.
Colorado – 2 Years from the Date of Injury
Under Colorado Revised Statutes § 13-80-102(1)(a), a person must file a personal injury lawsuit within two years of the date of the injury.
Includes injuries caused by negligence, premises liability, or defective products.
If the injury occurs due to a motor vehicle accident, a three-year limit applies under C.R.S. § 13-80-101(1)(n).
The “discovery rule” may apply if the injury wasn’t immediately known.
Limits on Compensation: Understanding Damage Caps
Some states limit the amount of compensation you can receive for noneconomic damages—such as pain, suffering, emotional distress, or loss of enjoyment of life. These damage caps vary by jurisdiction and may affect your recovery in a burn injury case.
Colorado
Colorado law places a statutory limit on noneconomic damages—such as pain, suffering, emotional distress, and loss of enjoyment of life—in most personal injury cases. For injuries that occur on or after January 1, 2025, the cap is $1,500,000, adjusted biennially for inflation under state law.
If you present clear and convincing evidence, the court may allow an amount that exceeds the initial cap but cannot exceed the statutory maximum. The court—not the jury—applies these limits after the verdict.
This cap does not apply to damages for physical impairment or disfigurement, which remain fully compensable.
Legal Reference: Colorado Revised Statutes § 13-21-102.5(3)(a)(II), (4), (5)
Nevada
Nevada caps punitive damages in most personal injury lawsuits that do not arise from a contract. If a plaintiff wins $100,000 or more in compensatory damages, punitive damages may not exceed three times that amount. If the compensatory award is less than $100,000, the punitive cap is $300,000.
These limits apply only when the plaintiff proves oppression, fraud, or malice through convincing evidence. However, Nevada law removes these caps in certain cases—such as claims against a manufacturer of a defective product, an insurer acting in bad faith, or a defendant involved in toxic waste incidents, defamation, or discriminatory housing practices.
Additionally, courts conduct a separate proceeding to determine the amount of punitive damages after finding liability. The jury must not be told about the punitive cap during trial.
Legal Reference: Nevada Revised Statutes § 42.005(1)–(3)
California
California does not cap non-economic damages in standard personal injury claims, including burn injury lawsuits caused by negligence, defective products, or landlord misconduct.
However, if your case involves medical malpractice, California imposes specific limits under Civil Code § 3333.2. As of January 1, 2023, these caps are:
$350,000 for non-economic damages in personal injury claims
$500,000 for wrongful death claims
These limits will increase annually—by $40,000 and $50,000, respectively—until they reach $750,000 and $1,000,000. Beginning in 2034, they will adjust 2% annually for inflation.
Legal Reference: California Civil Code § 3333.2
A qualified attorney can evaluate your case, calculate eligible damages, and guide you toward seeking the maximum compensation allowed under your state’s laws.
Why Does Legal Awareness Matter?
Understanding the federal and state laws that apply to your burn injury case allows you to make informed decisions. These statutes define your rights and outline the legal standards defendants must follow.
While navigating these legal layers can be complex, awareness of the protections available empowers victims to gather proper documentation, act within legal timeframes, and pursue fair compensation for what they’ve endured.
How a Burn Injury Lawyer Can Help Victims
Burn injury victims face complex legal procedures that require more than just basic paperwork. An experienced personal injury attorney strengthens your personal injury claim by handling every layer of the legal process with precision and care.
Here’s how hiring a burn injury lawyer benefits you:
Identify all responsible parties: Attorneys analyze the circumstances surrounding your injury to determine who may be legally liable—whether it’s a landlord, employer, product manufacturer, or third-party contractor.
Collect and preserve critical evidence: Legal teams secure accident scene photos, medical records, witness statements, and product samples before key details are lost or altered.
Work with experts to validate your claim: Attorneys coordinate with medical professionals, reconstructive surgeons, engineers, or fire safety experts to assess the full impact of your injury.
Calculate full and fair compensation: Legal professionals assess both economic damages (like medical expenses and lost wages) and noneconomic damages (like pain, disfigurement, and emotional distress).
Meet deadlines and follow procedures: Attorneys ensure all filings comply with state-specific statutes of limitations and court procedures to keep your case moving forward.
Negotiate with insurance companies: They advocate for fair settlements and protect you from tactics used to minimize payouts.
Prepare your case for trial, if needed: If negotiations fail, attorneys build a strong courtroom strategy backed by evidence and expert testimony.
Legal professionals help you gather essential evidence and build a personal injury case aimed at proving liability and pursuing appropriate compensation.
Let Bourassa Law Group Help You Reclaim Your Life
At Bourassa Law Group, we stand beside burn injury victims with compassion, legal expertise, and a fierce commitment to justice. If you or a loved one suffered burn injuries due to someone else’s negligence, our team is here to help you prove liability and fight for fair compensation.
Our injury attorneys bring decades of experience to burn injury lawsuits, whether they involve chemical burns, electrical burns, or landlord negligence. We understand the physical, emotional, and financial toll of severe burn injuries—and we remain committed to pursuing your case with diligence and compassion, helping you seek the justice and compensation your situation warrants.
Contact us today for a free consultation. Our team will discuss your case and guide you through your legal options with clarity and care.
1-800-870-8910