The realm of “personal injury” has several subcategories within the law, and one such subcategory is burn claims. Burn injuries can take place in a variety of situations, from product liability areas to workplace injuries and several others, and if there is another party potentially responsible for this injury, you may have a claim against them for compensation.
At the offices of John D. Halepaska, we’re proud to offer quality personal injury attorney services for any and all burn injury cases. What are some of the specifics that go into filing and succeeding with burn injury claims? Here are some basics to know.
Filing Burn Injury Claims
For those who have undergone a burn injury and are looking to seek monetary damages from another party, these damages can be for both financial losses and physical injuries. There are generally three broad causes of burn cases, and at least one of these will be the basis for nearly all such cases:
- Product liability
- Negligence or carelessness
- Premises liability
One vital note when it comes to burn injuries and several other personal injury types: Time is of the essence in many such cases. There is a limit to how long a personal injury case is valid for, usually two years after the injury, but this can be reduced to as little as six months depending on the nature of the injury. Burn injuries in particular require immediate medical assistance, both for your health but also for evidence of the injury that may fade with time.
Our next few sections will go over specific requirements for cases in each of the three areas listed above:
Requirements for Product Liability Claims
In cases where a defective product of some kind is the cause of the burn injury, the case will likely fall under the product liability field. This will often meant that the manufacturer or creator of the product will be held liable for the damages suffered, though this will vary between states and even individual cities. Our attorneys will inform you about whether you have a strong product liability claim after a burn injury based on the individual factors.
Requirements for Negligence Claims
There must be three specific circumstances at play for a negligence claim to be filed successfully:
- The defendant owed the injured party what’s known as “reasonable duty of care” – in other words, they had some control over their safety.
- The defendant breached that duty.
- The breach in question caused the plaintiff’s burn injury.
Requirements for Premises Liability Claims
In other cases, burn liability may fall on the manager or owner of property on which the incident occurred. This is particularly relevant if the property itself contains multiple burn risks.
For more on filing burn injury claims, or to learn about any of our personal injury lawyer services, speak to the staff at the offices of John D. Halepaska today.