Who Is Liable for a Burn Injury in a Public Place?

If you recently suffered a burn, you may be searching for a “burn injury lawyer near me“ in pursuit of compensation for your losses. Burns can cause tremendous pain, require intensive medical treatment, and have long-lasting consequences. In addition to mounting medical expenses, you may face missed time at work, trouble completing daily tasks, and even permanent disability.

When your burn is due to someone else’s negligence, you typically sue the at-fault party. But what happens when the injury takes place on public property? Who is liable then? This post discusses what you need to know about burn injuries in public places, including who is responsible and what compensation burn victims may pursue.

Liability for Burn Injuries in Public Places

Legal liability for burn injury accidents depends on the details of each case. Any party can be held responsible if they fail to exercise reasonable caution and someone is injured as a consequence.

However, liability typically falls on the parties responsible for maintaining the property where you are injured. The legal system calls these “premises liability claims.”

In public place injuries, any of the following may be liable for failing to uphold their duty of care toward others:

Property Owners and Managers

Business owners in public places like malls, restaurants, and event venues must ensure their property is safe for visitors. If your burn injury occurred because of exposed electrical wires, poorly maintained appliances, or a broken heating system, the property owner may be responsible.

You must typically show that the owner knew (or should have known) these dangerous conditions existed but failed to remedy them.

Government Entities

Sometimes, the property owner is a government agency or municipality. These entities are also responsible for maintaining their property — such as sidewalks, streets, parks, or other public spaces — in reasonably safe conditions. When they fail to do so, they may be legally liable for your injuries.

As with private owners, you must show the government knew or should have known about the hazard but failed to address it.

Product Manufacturers

In addition to a premises liability claim, you may qualify to file a product liability claim. That’s because manufacturers have a legal responsibility to make products that are safe for consumers.

If a malfunctioning device explodes, overheats, or catches fire, the manufacturer may owe you compensation for your burn injury.

How To Pursue a Legal Claim After a Burn Injury

Compensation claims for burn injuries typically involve the following stages:

• Filing: The first step is to draft a claim with a personal injury attorney. A claim typically outlines the details of the incident, the injuries you sustained, and the compensation you seek. You may submit yours with the property owner’s insurance or file a formal complaint in court.
• Negotiations: Next, your attorney will negotiate with the other side to reach a fair settlement amount. If both sides agree, you can settle the claim out of court. However, defendants with significant resources (like large companies and government agencies) often use them to dispute liability or minimize compensation.
• Litigation: If the other party refuses to make a fair offer, your attorney may take your case to court. There, your legal team will present evidence, and a judge or a jury will decide how much compensation your claim is worth (if any).

The deadline for filing a lawsuit varies by state. In Arizona and California, for example, burn victims have two years to file a personal injury claim. In Florida and Nebraska, the statute of limitations gives victims four years.

Potential Challenges When Suing Government Agencies

Filing a liability claim against the government differs from filing one against a private party. While some aspects are similar, suing public entities involves the following challenges:

• Strict procedural requirements: Plaintiffs must file a notice with the government to bring a claim against them. In California, for example, you must file a claim form within six months of your injury. The government agency has 45 days to respond. You cannot file a lawsuit until you receive a denial or the 45 days elapse with no response.
• Government immunity: You must notify a government agency of your claim before suing them due to the principle of government immunity. That means governments cannot be sued without their consent, except in limited circumstances. These exceptions vary by state.
• Limited damages: Many states also limit the amount of compensation government agencies must pay in personal injury lawsuits. For example, California law caps compensation for non-economic losses at $250,000 per claimant and bars punitive damages.

Types of Compensation You Can Claim After a Burn Injury

Compensation for burn injuries typically falls into the following categories:

Economic Damages

Economic damages compensate victims for financial losses related to their injuries. You typically prove them with evidence like employment records and medical documentation. Economic damages include the following:

• Medical expenses, including emergency treatment, surgeries, medications, and rehabilitation
• Lost income if you couldn’t work after your burn injury
• Lost earning capacity if your injury prevents you from earning the same income as before

Non-Economic Damages

Non-economic damages compensate victims for non-financial losses related to their injuries. You may document them with evidence like personal journals or testimony from mental health professionals. Non-economic damages include the following:

• Pain and suffering, which is often significant for burn injury victims
• Disfigurement and scarring
• Loss of enjoyment
• Disability

Punitive Damages

Economic and non-economic damages are known as “compensatory damages” because they aim to compensate victims for their losses. However, punitive damages are designed to punish the responsible party for particularly poor conduct. Punitive damages only apply in some cases and may be explicitly barred in lawsuits against government entities.

Connect With an Experienced Burn Injury Lawyer Today

If you’re ready to seek justice for your burn injury — or just want to learn more about your legal options — contact Accident Hotline today. We help accident victims pursue compensation, from lost income to pain and suffering and permanent disability. Contact us 24/7 for a free consultation with a local personal injury attorney.