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Ohio Burn Injury Lawyer: Your Rights After a Burn

Michael Shemtoub, trial attorney, Beverly Law
Michael Shemtoub, Beverly Law
Trial attorney · English y Español · (310) 552-6959

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Ohio sets a two-year deadline for bodily injury and product liability lawsuits, including most burn cases (R.C. 2305.10). You can recover if your fault is not greater than the combined fault of everyone else involved, and that count includes people you did not sue (R.C. 2315.33). Get treated first, then start gathering proof of what caused the burn.

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

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What to do after a burn in Ohio

Flame and flash caused 46% of the burns among burn center admissions from 2020 to 2024, according to the American Burn Association (ABA fact sheet). A third-degree burn destroys the outer and inner layers of skin and can look white or charred (Cedars-Sinai). The ABA says any full-thickness burn, and deep burns of the face, hands, feet or genitals, call for immediate burn center consultation (ABA referral guidelines).

Once care is under way, keep the item that burned you and take photos as the wound changes. Save texts with the landlord or store, and collect witness names. Do not sign anything from an insurer before a lawyer reviews it.

The deadline to file in Ohio

R.C. 2305.10(A) requires an action based on a product liability claim, or for bodily injury, to be brought within two years after the cause of action accrues (R.C. 2305.10). The cause of action accrues when the injury occurs.

Subsection (B) changes that for exposure cases. A bodily injury caused by exposure to hazardous or toxic chemicals, ethical drugs or ethical medical devices accrues when a competent medical authority tells the plaintiff about an injury related to the exposure, or when the plaintiff should have known through reasonable diligence, whichever comes first. Separate provisions cover chromium, Agent Orange-type agents, DES and asbestos.

Government defendants:

  • Political subdivisions: suit within two years after accrual, or any shorter period that applies (R.C. 2744.04(A)).
  • The State: a Court of Claims action within two years after accrual. For injury claims covered by R.C. 9.821 to 9.83, the claimant must first try to have the claim compromised by the Office of Risk Management in the Department of Administrative Services (R.C. 2743.16).

How fault works in Ohio

R.C. 2315.33 lets a plaintiff recover if their contributory fault was not greater than the combined tortious conduct of all other persons, both those sued and those not sued (R.C. 2315.33).

Suppose a man is burned when the regulator on a new gas grill fails. He sues only the store that assembled it, and the store says he lit it with the lid closed. If the jury assigns him 30%, the store 30% and the grill maker 40%, his 30% is measured against the 70% held by everyone else, including the maker he never sued. He can recover, with his damages reduced by his share. If his share is greater than everyone else’s combined, he is barred.

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Damages and caps in Ohio

Punitive damages require clear and convincing evidence of malice or aggravated or egregious fraud (R.C. 2315.21).

RuleOhio limitSource
Punitive damages, general cap2 times compensatory damagesR.C. 2315.21(D)(2)
Punitive damages against a small employer or an individualLesser of 2 times compensatory damages or 10% of net worth, up to $350,000R.C. 2315.21(D)(2)
Punitive cap liftedCertain felony convictions involving purposeful or knowing conductR.C. 2315.21(D)(6)
Medical, dental, optometric and chiropractic claims: noneconomic damagesGreater of $250,000 or 3 times economic loss, up to $350,000 per plaintiff and $500,000 per occurrenceR.C. 2323.43(A)(2)
Same claims, catastrophic injuryUp to $500,000 per plaintiff and $1 million per occurrenceR.C. 2323.43(A)(3)

The higher medical tier applies to permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or a permanent physical functional injury that keeps the person from independently caring for themselves. R.C. 2323.43 has no inflation adjustment in its text, and it does not apply to wrongful death actions. This page covers only the limits listed here; a lawyer licensed in Ohio can tell you whether any other limit applies to your claim.

Burns at work in Ohio

Under R.C. 4123.74, an employer that complies with the workers’ compensation law is not liable in damages at common law or by statute for a workplace injury (R.C. 4123.74). The intentional tort exception in R.C. 2745.01 is narrow. The worker must prove the employer acted with intent to injure, or with the belief that injury was substantially certain to occur, which the statute defines as deliberate intent. Deliberately removing an equipment safety guard creates a rebuttable presumption of intent (R.C. 2745.01).

For suits against outside companies, under R.C. 4123.931 the party that paid comp becomes a statutory subrogee with rights against the third party, and the net recovery is subject to its right of recovery (R.C. 4123.931). Unless the parties agree otherwise, a settlement is divided by a statutory formula between the worker’s uncompensated damages and the subrogation interest.

Burn centers in Ohio

Ohio has eight burn centers in the ABA directory, and six of them are ABA-verified. Two of the verified centers treat children only.

CenterCityAddressPhonePatients
Akron Children’s Hospital Burn Center (ABA-verified)Akron1 Perkins Sq, Akron, OH 44308(330) 543-8224Adult & Pediatric
Burn Care Center at MetroHealth (ABA-verified)Cleveland2500 Metrohealth Dr, Cleveland, OH 44109(216) 778-1775Adult & Pediatric
Burn Center at Nationwide Children’s Hospital (ABA-verified)Columbus700 Childrens Dr, Columbus, OH 43205(614) 722-3910Pediatric
Shriners Children’s Ohio Burn Center (ABA-verified)Dayton1 Childrens Plz, 2 West, Dayton, OH 45404(844) 859-4144Pediatric
The Ohio State Comprehensive Burn Center (ABA-verified)Columbus395 W 12th Ave Ofc 604, Columbus, OH 43210(614) 293-2876Adult
University of Cincinnati Medical Center Burn Center (ABA-verified)Cincinnati200 Albert Sabin Way, Cincinnati, OH 45267(513) 475-8000Adult
Mercy Health Medical Burn Center, listed by the ABA (not verified)Toledo2213 Cherry St, Toledo, OH 43608(419) 301-3375Adult & Pediatric
Miami Valley Hospital Regional Burn Center, listed by the ABA (not verified)Dayton1 Wyoming St, Dayton, OH 45409(937) 208-2126Adult

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

Who may be liable for a burn

A burn claim points at whoever controlled the danger. In a rental home, the landlord who let the furnace or wiring go may be responsible. At work, a contractor sharing the site with your employer may be. If a product failed, look at whoever designed, built or sold it. Gas and electric utilities can be liable for leaks and line work. A restaurant or coffee shop can be liable for food or drinks served dangerously hot. Water does not have to boil to cause harm: the Consumer Product Safety Commission says a burn can occur after six seconds at 140°F or thirty seconds at 130°F (CPSC).

How Beverly Law helps in Ohio

Beverly Law is a California firm. Its attorneys are licensed in California and Washington, and for burns in Ohio the firm works with licensed Ohio attorneys through its referral network. A free case review connects you with an Ohio-licensed burn injury attorney, usually within one business day.

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

Common questions

How long do I have to file a burn lawsuit in Ohio?

Generally two years after the cause of action accrues, which is when the injury occurs. The same two years apply to suits against political subdivisions, unless a shorter period applies. For injuries from exposure to hazardous or toxic chemicals, the clock can start later, when a competent medical authority tells you about the injury.

Does Ohio cap punitive or medical malpractice damages?

Punitive damages are capped at two times compensatory damages, with a lower limit for small employers and individuals. In medical, dental, optometric and chiropractic claims, noneconomic damages are capped under R.C. 2323.43, with a higher tier for permanent deformity and other catastrophic injuries.

Can I sue my employer for a burn at work in Ohio?

Usually not, if the employer complies with the workers’ compensation law. The exception is an intentional tort, which requires proof of deliberate intent to injure. Removing a safety guard on purpose creates a rebuttable presumption of that intent. Claims against outside companies are still possible.

How can I find an Ohio lawyer?

The Ohio State Bar Association offers Find a Lawyer in Ohio, a public attorney search that its page does not describe as a formal referral service. When you reach a lawyer, bring the burn date and your photos.

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Related pages

Burn Injury Lawyer

Sources

  1. codes.ohio.gov/ohio-revised-code/section-2305.10
  2. codes.ohio.gov/ohio-revised-code/section-2744.04
  3. codes.ohio.gov/ohio-revised-code/section-2743.16
  4. codes.ohio.gov/ohio-revised-code/section-2315.33
  5. codes.ohio.gov/ohio-revised-code/section-2315.21
  6. codes.ohio.gov/ohio-revised-code/section-2323.43
  7. codes.ohio.gov/ohio-revised-code/section-4123.74
  8. codes.ohio.gov/ohio-revised-code/section-2745.01
  9. codes.ohio.gov/ohio-revised-code/section-4123.931
  10. ohiobar.org/public-resources/find-a-lawyer/
  11. ameriburn.org/burnreferral
  12. ameriburn.org/resources/burn-incidence-fact-sheet/
  13. cedars-sinai.org/health-topics/classification-of-burns
  14. cpsc.gov/s3fs-public/5098-Tap-Water-Scalds.pdf
  15. ameriburn.org/burn-care-team/resources/find-a-burn-center
  16. ameriburn.org/burn-care-team/resources/burn-centers/akron-children-s-hosp
  17. ameriburn.org/burn-care-team/resources/burn-centers/burn-care-center-at-m
  18. ameriburn.org/burn-care-team/resources/burn-centers/burn-center-at-nation
  19. ameriburn.org/burn-care-team/resources/burn-centers/shriners-children-s-o
  20. ameriburn.org/burn-care-team/resources/burn-centers/the-ohio-state-compre
  21. ameriburn.org/burn-care-team/resources/burn-centers/university-of-cincinn
  22. ameriburn.org/burn-care-team/resources/burn-centers/mercy-health-medical-
  23. ameriburn.org/burn-care-team/resources/burn-centers/miami-valley-hospital

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.

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