By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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Deadlines at a glance
| Situation | California | Texas | Washington |
|---|---|---|---|
| General deadline to sue | 2 years (CCP § 335.1) | 2 years (CPRC § 16.003) | 3 years (RCW 4.16.080) |
| Government agency | Written claim within 6 months (Gov. Code § 911.2); UC Regents exempt from the claim rules (§ 905.6) | Notice within 6 months; a city charter can set a shorter period (CPRC § 101.101) | File a claim, then wait 60 days before suing a local government (RCW 4.96.020) or the state (RCW 4.92.100, 4.92.110); the limitations period is tolled during the 60 days |
| Child under 18 | Clock generally paused until 18 (CCP § 352), but not for claims against public entities | Clock paused until 18 (CPRC § 16.001) | Clock paused until 18 (RCW 4.16.190) |
| Defective product | 2 years (CCP § 335.1) | 2 years, and most product suits are barred 15 years after the defendant sold the product, with exceptions (CPRC § 16.012) | 3 years from when you discovered, or should have discovered, the harm and its cause; harm more than 12 years after delivery is presumed to come after the product’s useful safe life (RCW 7.72.060) |
Our burn law by state page sets these next to the fault and damages rules.
Government claims in California
California’s government claim process has its own sequence. The claim goes to the public entity within six months of the injury (Gov. Code § 911.2). If you miss that, you can apply for leave to present a late claim, but the application must be made within a reasonable time not to exceed one year after the injury (§ 911.4). If the entity sends written notice rejecting the claim, the lawsuit must be filed within six months of that notice; with no notice, the limit is two years from the injury (§ 945.6).
Burns at public housing, public schools, transit facilities and city-owned property usually go through this process when a public entity owns or runs the site. So can a burn caused by a city-owned utility or a city crew working on a gas line; our gas explosions page covers those defendants.
Children and government claims
The pause for minors does not protect a child’s claim against a California public entity (CCP § 352(b)). There is one safety valve: the entity must grant a late-claim application when the injured person was a minor for the entire six-month claim period (Gov. Code § 911.6). The application still has to be filed within the one-year limit in § 911.4, so a burned child’s case against a school or city should not wait.
In Texas, formal notice is excused if the government unit had actual notice of the injury (CPRC § 101.101(c)), but relying on that is a gamble. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
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Work burns
A workers’ comp claim does not extend the deadline for a lawsuit against a contractor, equipment maker or other third party. That suit follows the general deadline in the table. See our FAQ on whether you can sue for a burn at work.
What this means for your case
Count from the date of the burn, and assume the shortest deadline applies until a lawyer confirms otherwise. The lawsuit deadline is the outside limit: video, the cup or product, and witnesses usually need to be secured in the first days. Because serious burn cases take time to value, as explained in how long burn cases take, the case is often filed before treatment ends so the deadline is not lost. Our burn injury lawyer page covers the rest of the process.
Talk to a burn injury lawyer
Beverly Law handles burn cases in California and Washington and can check which deadline applies to yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Call (310) 552-6959. You owe no fees or costs unless we win.
Common questions
How long do I have to sue for a burn in California?
Two years under CCP § 335.1. If a city, county, school district or other public entity is involved, a written claim is due within six months first.
How long do I have in Texas?
Two years, and six months to give notice to a government unit, or less if a city charter sets a shorter period.
How long do I have in Washington?
Three years. Against a city, county or the state, you must file a claim and wait 60 days before suing.
My child was burned. Is there more time?
Usually the clock is paused until 18, but not for claims against a California public entity.
Does the deadline start when I find out the burn will scar?
For general negligence claims, plan on the date of the burn. Washington product claims run three years from when you discovered the harm and its cause.
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Burn injury lawyer — Beverly Law
If you or your child was burned because of someone else in California, Texas and Washington, talk to a burn injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Burn Injury Lawyer · Burn injury questions
Sources
- Cal. Code Civ. Proc. § 335.1 (law_A.json B1) (leginfo.legislature.ca.gov)
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/ca_gov't_code_section_911.4
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/ca_gov't_code_section_911.6
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/ca_gov't_code_section_945.6
- Cal. Code Civ. Proc. § 352 (B5) (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code § 16.003 (T1) (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 101.101 (T2) (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 16.001 (T7) (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 16.012 (T4) (statutes.capitol.texas.gov)
- RCW 4.16.080 (W1) (app.leg.wa.gov)
- app.leg.wa.gov/RCW/default.aspx
- app.leg.wa.gov/RCW/default.aspx
- app.leg.wa.gov/RCW/default.aspx
- RCW 4.16.190 (W6) (app.leg.wa.gov)
- RCW 7.72.060 (W4; subsection (3) three years from discovery of harm and cause, read directly) (app.leg.wa.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.