Suffered a Burn? Learn If You Can Sue and What It Takes

To get straight to the point: yes, you can sue for a burn injury, but it depends on many factors, such as the cause of the injury, the type and severity of the burn, your medical treatment, and many other variables.

Burn injuries are among the most devastating and traumatic injuries a person can suffer. They often result in long-lasting physical pain, emotional trauma, and significant financial hardship. Whether caused by a workplace accident, a defective product, a building fire, or an auto collision, burns can change a victim’s life in an instant.

At Morgan & Morgan, we understand the profound impact burn injuries can have on individuals and families. If you or a loved one has suffered a burn injury due to someone else’s negligence or a defective product, you may be entitled to compensation, and we’re here to help.

Below, we’ll explain the details of burn injuries and the legalities surrounding them, but if you believe you are entitled to compensation and want to take action, don’t go at it alone. The legal system is complex and challenging, and having an experienced attorney by your side can make an enormous difference. That’s what we’re here for.

You can contact us anytime for a free case evaluation to learn more.

First, Establish the Type of Burn Injury

Burn injuries occur when skin and underlying tissue are damaged by heat, chemicals, electricity, radiation, or friction. They range in severity from superficial wounds to life-threatening injuries requiring extensive medical treatment and rehabilitation. The most common forms of burn injuries include:

• Thermal Burns: Caused by contact with flames, hot liquids (scalds), steam, or hot surfaces. Common in home fires, car accidents, and industrial incidents.
• Chemical Burns: Result from exposure to strong acids, alkalis, or solvents. Often seen in workplaces involving cleaning agents or industrial chemicals.
• Electrical Burns: Occur when an electric current passes through the body. These burns can cause deep tissue damage, even if the surface wound seems minor.
• Radiation Burns: Caused by prolonged exposure to ultraviolet rays (e.g., sunburn) or from radiation therapy.
• Friction Burns: Result from skin rubbing against a rough surface (e.g., road rash from a motorcycle accident).
   

Then, Classify the Burn Severity

Burns are categorized by the degree of tissue damage:

• First-Degree Burns: Affect only the outer layer of skin (epidermis). Symptoms include redness, pain, and minor swelling. Usually heals without scarring.
   
• Second-Degree Burns: Affect both the outer and underlying layer of skin (dermis). Symptoms include blistering, intense pain, and swelling. These burns may cause scarring.
   
• Third-Degree Burns: Penetrate all layers of the skin and may affect fat, muscle, and even bone. The area may appear white, charred, or leathery. Nerve damage may result in numbness.
   
• Fourth-Degree Burns: The most severe, affecting deeper tissues such as muscles and bones. Often life-threatening and typically require amputation or extensive reconstruction.
  
   

Another Important Factor: The Cause of  Your Burn Injuries

Burn injuries can happen anywhere, from homes to highways to workplaces. Common scenarios include:

Workplace Accidents

Burn injuries frequently occur in industrial settings involving machinery, chemicals, or electrical components. Construction workers, electricians, restaurant staff, and factory workers are especially at risk.

If your burn occurred at work, you may be eligible for workers’ compensation, but if negligence by a third party or a defective product contributed to your injury, you may also pursue a personal injury claim.

House Fires and Apartment Fires

Residential fires are a major cause of thermal burns. Faulty wiring, defective smoke detectors, space heaters, and flammable materials can all contribute to these dangerous situations.

Landlords have a duty to ensure fire safety features (e.g., fire escapes, extinguishers, smoke alarms) are up to code. Failure to do so may make them liable.

Motor Vehicle Accidents

Car crashes can result in burn injuries if fuel tanks ignite or engines catch fire. Airbags can also cause friction or chemical burns in some cases.

Defective Products

Products that overheat, explode, or malfunction, such as e-cigarettes, appliances, or lithium-ion batteries, can cause serious burns.

Product manufacturers may be held liable under product liability laws.

Scalding Incidents

Hot water heaters set above safe temperatures, restaurant spills, or unmarked hot surfaces can cause painful scalding injuries.

Medical Treatment and Recovery

Burn injuries often require immediate emergency care, followed by long-term treatment. Depending on severity, treatments may include:

• Pain management
• Wound care and dressings
• IV fluids and antibiotics
• Skin grafts or reconstructive surgery
• Physical therapy
• Occupational therapy
• Psychological counseling for trauma or PTSD
   

Severe burn victims may also be treated in specialized burn units or rehabilitation centers. The healing process can take months or even years, and the financial toll can include:

• Hospital bills
• Lost income or job loss
• Ongoing rehabilitation
• Transportation to specialists
• Home modifications or assistive devices

Here’s why medical treatment is important: if you plan to sue for a burn injury, you need to show the severity of your injury according to a medical professional, not just your own opinion, and you need to demonstrate that you took that injury seriously by following through on treatment. In other words, if you claim you have a serious injury, then you need to be treating it seriously or an insurance company or a court won’t believe you.

Final Factor: The Emotional Toll of Burn Injuries

When estimating the value of a personal injury claim, there are economic damages to consider, such as the aforementioned medical bills, and there are non-economic damages, too. While burn survivors often face intense physical pain, the psychological and financial toll can be just as devastating.

Psychological effects can include:

• Depression
• Anxiety
• PTSD
• Body image issues
• Social isolation

While not as easily calculated as financial burdens, these factors can also be considered when estimating the value of your burn injury claim, ensuring that victims recover the compensation they need and deserve to move forward with their lives.

Now, When Can You Sue for a Burn Injury?

If your injury was caused by someone else’s negligence or a defective product, you may be able to file a personal injury lawsuit. Legal grounds for filing may include:

• Unsafe working conditions
• Building code violations
• Negligent maintenance
• Dangerous consumer products
• Car accidents caused by another driver
• Inadequate fire prevention or suppression systems
• Landlord negligence

In some cases, a workers’ compensation claim and a third-party liability lawsuit can be filed simultaneously.

Proving Liability in a Burn Injury Case: Who Is to Blame for a Burn Injury?

To successfully bring a burn injury lawsuit, you (with your attorney’s help) will need to prove:

1. Duty of Care – The defendant had a legal responsibility to act reasonably (e.g., a landlord maintaining a safe building).
2. Breach of Duty – The defendant failed to uphold that duty (e.g., failing to repair faulty wiring).
3. Causation – The defendant’s actions directly caused your burn injury.
4. Damages – You suffered losses (medical bills, lost income, pain, etc.) as a result.

Determining who is to blame for a burn injury depends on how, where, and why the injury occurred. In legal terms, this means identifying the liable party—the person, company, or entity whose negligence, recklessness, or wrongful actions caused or contributed to the injury.

Potentially liable parties in burn injury cases include:

Employers

If a burn injury occurs in the workplace, such as in a restaurant, factory, or construction site, the employer may be responsible, especially if:

• Safety protocols weren’t followed
• Employees weren’t properly trained
• Protective gear wasn’t provided
• Equipment was faulty or poorly maintained

You may be eligible for workers’ compensation, and in some cases, you may also have grounds to sue a third party (like an equipment manufacturer).

Landlords and Property Owners

In residential or commercial fires, the property owner or landlord could be held liable if they failed to:

• Maintain safe electrical systems
• Install and test smoke alarms
• Provide fire extinguishers or escape routes
• Comply with fire codes

Tenants or visitors injured in apartment or hotel fires may be able to sue for premises liability if proper safety measures weren’t in place.

Product Manufacturers

If a product explodes, catches fire, or overheats and causes burns, the manufacturer, distributor, or retailer may be responsible under product liability law.

Examples include:

• Defective space heaters or stoves
• Faulty lithium-ion batteries in phones or e-cigarettes
• Malfunctioning electrical appliances
  
   

In these cases, liability may stem from:

• Design defects
• Manufacturing defects
• Failure to warn or provide proper instructions
  
   

Drivers and Vehicle Owners

If a burn occurred in a car accident, due to an explosion, fire, or hazardous cargo, the at-fault driver may be held liable for any resulting injuries. In some cases, the vehicle manufacturer could also be responsible if the car’s fuel system or electrical system was defective.

Utility Companies or Contractors

Improper installation or maintenance of gas, electrical, or heating systems by a utility company or contractor can lead to fires and explosions. If their negligence caused the incident, they may be legally responsible.

Chemical Manufacturers or Employers Handling Dangerous Substances

Burns caused by acids, cleaning agents, or industrial chemicals may be the fault of:

• The chemical manufacturer (if the substance wasn’t properly labeled or came without sufficient warnings)
• The employer (if protective measures weren’t enforced)
  
   

Government Entities

If a fire occurred in a public building (school, library, transit facility) due to faulty infrastructure, a government agency or municipality may be liable. These cases often have strict notice and filing deadlines.

To determine who is to blame for a burn injury, an experienced personal injury attorney will examine:

• Where the burn occurred
• How it happened
• Who had a duty to prevent it
• What safety measures were (or weren’t) in place
• Whether the victim was warned of any danger
• Whether a product or piece of equipment malfunctioned

In many cases, more than one party can be held accountable. For example, both a landlord and a smoke detector manufacturer might be sued in an apartment fire case.

At Morgan & Morgan, we don’t just go after whoever’s easiest to blame; we go after whoever is responsible.

What Compensation Can You Recover?

Burn injury victims may be entitled to significant economic and non-economic damages, including:

Economic Damages

• Medical bills (past and future)
• Lost wages or diminished earning capacity
• Rehabilitation and therapy costs
• Prescription medications
• Home care or nursing support
  
   

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Disfigurement and scarring
• Loss of enjoyment of life
• Loss of consortium (for spouses)

In rare cases involving gross negligence or intentional harm, punitive damages may also be awarded to punish the wrongdoer.

Why You Need an Experienced Burn Injury Lawyer

Burn injury cases can be highly complex. They often involve multiple liable parties, extensive medical documentation, expert testimony, and aggressive insurance companies trying to minimize payouts.

Morgan & Morgan has a proven track record of winning large verdicts and settlements for victims of catastrophic injuries, including burn victims. With over $25 billion recovered for clients and a team of more than 1,000 trial-ready attorneys, we have the resources, experience, and grit to take on powerful corporations, landlords, and insurance carriers.

What is the cost of a fire and burn injury attorney? At Morgan & Morgan, the Fee Is Free®, and you don’t pay us anything unless we win your case.

Our firm has handled thousands of personal injury claims, including cases involving severe burns from fires, electrocutions, and defective products. While every case is different, our commitment is the same: to fight For the People, not the powerful.

Each state has a statute of limitations, which is a deadline for filing a personal injury claim. In many cases, it’s two to four years from the date of injury, but this varies based on state laws and specific case details. Missing the deadline could mean losing your right to compensation forever. That’s why it’s so important to contact an attorney as soon as possible after the injury.

Suffering a burn injury is traumatic enough. You shouldn’t have to fight for justice on your own. At Morgan & Morgan, we believe that no one should bear the burden of someone else’s mistake.

We’re ready to fight for the compensation you need and deserve. Whether your injury happened at work, in a vehicle, in a rental property, or due to a dangerous product, our legal team has the experience and determination to help you rebuild your life.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.