Georgia Burn Injury Lawyer: Your Rights After a Burn

Attorney Advertising.

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

What to do after a burn in Georgia

Most burns happen close to home: the American Burn Association reports that 61% of burn incidents occur at private residences (ABA fact sheet). The ABA’s referral guidelines recommend immediate burn center consultation for partial-thickness burns of 10% or more of the body and for deep burns over joints or on the hands or face (ABA referral guidelines).

Designated burn centers in Georgia report second- and third-degree burns covering 5% or more of the body, upper respiratory burns, laryngeal swelling from superheated air, and potentially fatal burns to the Office of the Commissioner of Insurance and Safety Fire (Georgia burn injury reporting). The page explains that duty and publishes no statistics table.

For your own records, keep the device or container that caused the burn, and photograph the injury as it heals. Write down names and what people said. Hold off on recorded statements to any insurer until you have spoken with a lawyer.

The deadline to file in Georgia

Actions for injuries to the person must be brought within two years after the right of action accrues under O.C.G.A. § 9-3-33 (O.C.G.A. § 9-3-33). The 2025 tort reform law, SB 68, did not change that period.

Georgia’s discovery rule is narrow. In Corporation of Mercer University v. National Gypsum Co., 258 Ga. 365 (1988), the Georgia Supreme Court limited it to cases of bodily injury that develop only over an extended period of time (Mercer v. National Gypsum).

Claims against the State of Georgia start with an ante litem notice. It must be in writing and given within 12 months of the date the loss was discovered or should have been discovered, delivered to the Risk Management Division of the Department of Administrative Services, with a copy to the state entity involved (O.C.G.A. § 50-21-26(a)). This page covers only claims against the State. If a city, county or other local government may be involved, talk right away with a lawyer licensed in Georgia about the rules that apply.

How fault works in Georgia

Under O.C.G.A. § 51-12-33(g), the plaintiff is not entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed (O.C.G.A. § 51-12-33). Below 50 percent, recovery is allowed and reduced by the plaintiff’s share.

The 50% line matters. Say a drive-thru customer is burned when a cup lid pops off at the window, and the restaurant says the customer squeezed too hard. If the jury splits fault evenly, 50-50, the customer recovers nothing in Georgia. At 40%, the customer recovers 60% of the damages.

Damages and caps in Georgia

Punitive damages need clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which raises a presumption of conscious indifference to consequences (O.C.G.A. § 51-12-5.1).

The last row comes from Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 691 S.E.2d 218, decided March 22, 2010. The Georgia Supreme Court held that the noneconomic damages caps in O.C.G.A. § 51-13-1 violate the right to a jury trial under the Georgia Constitution (Nestlehutt).

Burns at work in Georgia

O.C.G.A. § 34-9-11(a) says the rights and remedies of the workers’ compensation chapter exclude and replace all other rights and remedies against the employer (O.C.G.A. § 34-9-11). The statute contains no general exception for intentional conduct by the employer. Its only “intentional misconduct” wording sits in a carve-out for construction design professionals.

Third parties remain open to suit under O.C.G.A. § 34-9-11.1(a). A mechanic burned when a supplier’s parts washer ignites might sue the supplier. The employer or its insurer has a subrogation lien that cannot exceed the comp actually paid, and it can recover on the lien only if the injured worker has been fully and completely compensated (O.C.G.A. § 34-9-11.1).

Burn centers in Georgia

The ABA directory lists three burn centers in Georgia. Two are ABA-verified; the Austell center is listed by the ABA but not verified.

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

Who may be liable for a burn

A property owner or landlord may be at fault for a water heater set too hot or a fire that spread through faulty wiring. A contractor working near your employer’s crew may be at fault for a fuel spill or an open flame. A product maker may be responsible for a defect, and a utility for a gas leak. A restaurant may be responsible for how it serves hot food and drinks. The ABA’s scald table shows water at 148°F can cause a third-degree burn in two seconds (ABA scald guide), and the CPSC urges setting home water heaters to 120°F (CPSC).

How Beverly Law helps in Georgia

Beverly Law is a California firm, and its lawyers are licensed in California and Washington. For burns that happen in Georgia, the firm relies on its referral network of Georgia-licensed attorneys. A free case review puts you in contact with a burn injury attorney licensed in Georgia, usually within one business day.

Related pages

• Burn injury lawyer · Burn injury law by state · Burn centers · Florida burn injury law · South Carolina burn injury law

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

Common questions

Related pages

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.