Burn Injury Lawyer

In many serious burn injury lawsuit cases, the legal basis for the claim is negligence. To establish negligence, the following four elements must be proven:

Duty of care: The defendant owed the plaintiff a legal obligation to exercise reasonable care. This duty may arise from various relationships, such as a property owner’s duty to maintain a safe environment for visitors or a product manufacturer’s duty to produce safe products.

Breach of duty: The defendant failed to exercise the required level of care, thus breaching their duty. This breach can occur through actions or omissions, such as failing to maintain equipment properly or providing adequate safety measures.

Causation: The defendant’s breach of duty caused the plaintiff’s burn injuries. In other words, the plaintiff must show that their injuries would not have occurred but for the defendant’s negligent actions or inactions.

Damages: The plaintiff suffered actual harm due to the defendant’s negligence. This harm can include physical injuries, emotional distress, and financial losses, such as medical expenses and lost wages.

In some burn and personal injury lawsuit cases, the claim may be based on product liability. There are three main types of product liability claims:

Manufacturing defects: These claims arise when a product is flawed due to an error in the manufacturing process. For example, an electrical device may have been assembled incorrectly, leading to a risk of burns when used.

Design defects: These claims involve products that are inherently dangerous due to a flaw in their design. In these cases, the product may cause harm even if it was manufactured correctly. For example, a poorly designed space heater may pose a burn risk due to overheating.

Failure to warn or provide adequate instructions: These claims arise when a product’s manufacturer or seller fails to provide sufficient warnings or instructions for safe use, leading to burning injuries. For example, a chemical product may lack adequate labeling about proper handling and storage, resulting in a user suffering chemical burns.

In some instances, burn injury claims may be based on premises liability. These claims generally involve hazardous conditions on a property that result in severe burn injuries:

The duty owed to different classes of entrants: Property owners owe different levels of care to different types of visitors, such as invitees, licensees, and trespassers. For example, a property owner owes a higher duty of care to customers visiting their business than someone trespassing on their property.

Hazardous conditions on the property: Premises liability claims may arise when a property owner’s negligence leads to hazardous conditions, such as exposed wiring or malfunctioning equipment, which cause burn injuries. The plaintiff must show that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to remedy it.