New York Burn Injury Lawyer: Your Rights After a Burn

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By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

What to do after a burn in New York

A second-degree burn reaches part of the dermis, the layer under the outer skin, and looks red and blistered (Cedars-Sinai). The American Burn Association calls for immediate burn center consultation for every suspected inhalation injury, and says all burned children may benefit from referral (ABA referral guidelines). New York’s ABA-listed centers are in the table below.

Once the patient is safe, keep the heater, appliance or cup that caused the burn, and take dated photos of the injury and the scene. Get the names of the building super and any witnesses. Talk to a lawyer before you speak with the other side’s insurer.

The state’s Fire Incident Reporting System page posts only 2018 structure fire data and a call summary (NYS DHSES), so ask the responding fire department for its own report.

The deadline to file in New York

An action to recover damages for a personal injury must be commenced within three years under CPLR 214(5) (CPLR 214). New York has no general discovery rule, so the period runs from the injury. The statutory exception is CPLR 214-c: an injury caused by the latent effects of exposure to a substance runs from the date of discovery, or from when it should have been discovered with reasonable diligence, whichever is earlier (CPLR 214-c). Medical malpractice follows CPLR 214-a (2.5 years, with foreign-object and cancer misdiagnosis provisions).

Claims against public bodies move much faster:

• Cities, counties, towns, school districts and other public corporations: a notice of claim within 90 days after the claim arises (GML 50-e(1)(a)), then suit within 1 year and 90 days (GML 50-i).
• The State of New York: a claim, or a notice of intention to file one, served on the Attorney General within 90 days of accrual. If you serve a notice of intention, the claim itself must be filed within 2 years (Court of Claims Act § 10).

How fault works in New York

New York follows pure comparative fault for most personal injury cases, including premises and product burn cases (CPLR 1411(a)). Your own share of fault lowers the award but does not erase it.

Say a tenant is burned on an uncovered steam pipe, and the landlord argues she knew it was hot. Even at 60% fault, she still recovers 40% of her damages.

Car crashes are now different. Chapter 58 of the Laws of 2026 (S.9008-C/A.10008-C, Part EE), signed May 26, 2026, added CPLR 1411(b) (bill text). In personal injury actions subject to Insurance Law article 51, the motor vehicle no-fault article, a claimant more than 50% at fault is now barred. It applies to actions commenced on or after that date.

Damages and caps in New York

Punitive damages in New York come from case law. In Ross v. Louise Wise Services, Inc. (2007), the Court of Appeals said the conduct must show a high degree of moral turpitude and such wanton dishonesty as to imply a criminal indifference to civil obligations. The misconduct must be exceptional, as when the wrongdoer acted maliciously, wantonly, or with a recklessness that betokens an improper motive or vindictiveness (Ross v. Louise Wise Services).

Burns at work in New York

Under Workers’ Compensation Law § 11, the employer’s liability is exclusive and takes the place of any other liability to the worker (WCL § 11). The exception is an employer that fails to secure compensation, which the worker may then sue. Section 11 also limits third-party contribution or indemnity claims against the employer to “grave injury” cases or a prior written contract.

A worker hurt by the negligence of someone outside the same employ can take comp and also sue that party under WCL § 29(1) (WCL § 29). Think of a tradesperson burned by a gas line another contractor left open. The comp carrier, or the State Insurance Fund, gets a lien on the recovery for comp and medical it paid, after deduction of litigation costs, including attorney’s fees.

Burn centers in New York

The ABA directory lists ten burn centers in New York. Four are ABA-verified, and six are listed by the ABA without verification.

Source: American Burn Association, Find a Burn Center, directory checked November 2026.

Who may be liable for a burn

Liability follows control. A building owner may answer for scalding tap water or exposed steam pipes, and a contractor sharing a site with your employer for a torch it handled. A manufacturer may answer for a battery that failed. Utilities can be responsible for gas leaks, and restaurants for drinks served too hot to hold. Hot water does not need to boil to hurt: the Consumer Product Safety Commission says even 120°F water can cause third-degree burns after five minutes (CPSC).

How Beverly Law helps in New York

Beverly Law is a California firm, and its attorneys hold licenses in California and Washington. For a burn injury in New York, the firm works with New York-licensed attorneys through its referral network. A free case review connects you with a burn injury attorney licensed in New York, usually within one business day.

Related pages

• Burn injury lawyer · Burn injury law by state · Burn centers · New Jersey burn injury law · Pennsylvania burn injury law

This page is general information about New York law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in New York can tell you how they apply to your case.

Common questions

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Burn Injury Lawyer

Important: Attorney Advertising. This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Beverly Law is a California firm whose attorneys are licensed in California and Washington; for injuries in other states it works with attorneys licensed there through its referral network. Last reviewed: November 6, 2026.