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By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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What to do after a burn in New Jersey
Start with medical care. The American Burn Association recommends burn center consultation for any full-thickness burn, all chemical burns and every suspected inhalation injury, and it says all children may benefit from referral (ABA referral guidelines). New Jersey’s ABA-verified center is in Livingston.
Next, ask whether a public body is in the picture. A municipal pool, a public housing unit or a county building can turn an ordinary claim into one with a 90-day notice requirement.
Then save what you can. Photograph the burn in good light every few days. Keep the clothing, the cup, the device or the charger. Ask the business or landlord in writing to keep its camera footage and incident report. Send insurance adjusters to your lawyer, and keep the injury off social media.
The deadline to file in New Jersey
The general deadline for personal injury is two years after the claim accrues (N.J.S.A. 2A:14-2(a)). New Jersey courts also apply a discovery rule. In an appropriate case, the claim does not accrue until the injured person discovers, or with reasonable diligence should have discovered, that there may be a basis for a claim (Lopez v. Swyer, 62 N.J. 267 (1973)).
Claims against public entities follow the Tort Claims Act. The notice of claim must be presented no later than the 90th day after the claim accrues, and suit is barred once two years pass after accrual (N.J.S.A. 59:8-8). A claim against the State goes to the Attorney General or to the department or agency involved. A claim against a local public entity is filed with that entity (N.J.S.A. 59:8-7).
How fault works in New Jersey
New Jersey uses modified comparative negligence. Under N.J.S.A. 2A:15-5.1, an injured person recovers only if their negligence “was not greater than the negligence of the person against whom recovery is sought.” Up to 50%, the award is reduced by the injured person’s share. Above 50%, the claim is barred.
Picture a boardwalk food stand. A customer leans over the counter just as a worker swings a fry basket out of the oil with no splash guard in place. If a jury finds the customer 30% careless, the customer recovers 70% of the damages. If it finds the customer 51% responsible, the claim fails.
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Damages and caps in New Jersey
| Question | New Jersey rule | Source |
|---|---|---|
| Standard for punitive damages | Clear and convincing evidence of actual malice or wanton and willful disregard of persons foreseeably harmed | N.J.S.A. 2A:15-5.12 |
| Punitive damages cap | The greater of 5 times compensatory damages or $350,000 | N.J.S.A. 2A:15-5.14(b) |
| Claims the cap does not reach | Bias crimes, LAD discrimination, AIDS confidentiality, sexual abuse and CEPA claims; defendants convicted of murder, manslaughter, DWI or refusal | N.J.S.A. 2A:15-5.14(c) |
The DWI exception can matter in a crash that ends in a vehicle fire. If the burn happened during medical care, ask a New Jersey lawyer whether any limit on damages applies to your claim.
Burns at work in New Jersey
By accepting the Workers’ Compensation Act, an employee surrenders other remedies, and the employer is immune from suit “except for intentional wrong” (N.J.S.A. 34:15-8). In Millison v. E.I. du Pont, 101 N.J. 161 (1985), the state Supreme Court defined intentional wrong by a “substantial certainty” standard.
A third person who caused the injury can still be sued (N.J.S.A. 34:15-40). That might be an electrician hired by the building owner or the maker of a steam valve. The employer or its carrier holds a lien and is reimbursed from the recovery for the compensation and medical expenses it paid. If the worker does not sue within one year of the accident, the employer or carrier may sue or settle after a 10-day written demand.
Burn centers in New Jersey
The ABA directory lists one burn center in New Jersey, and it is ABA-verified.
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| The Burn Center at Cooperman Barnabas, ABA-verified | Livingston | 94 Old Short Hills Rd, Livingston, NJ 07039 | (973) 322-5924 | Adult & Pediatric |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
The N.J. Division of Fire Safety keeps its “Fire in New Jersey” annual statistics on its NERIS Unit page. The latest report posted there covers 2016.
Who may be liable for a burn
Start with who controlled the hazard. An apartment owner may be responsible for a boiler, hot water set too high or a missing smoke alarm. At a warehouse or plant, the contractor doing welding or electrical work may share the blame with no tie to the employer. A vape battery, space heater or pressure cooker that fails points to the company that made it and the store that sold it. A gas utility can be responsible for a leak. A restaurant or coffee shop can be responsible for a scald from oil or a drink.
How Beverly Law helps in New Jersey
Beverly Law is a California firm whose attorneys are licensed in California and Washington. For a burn injury in New Jersey, the firm works with New Jersey-licensed attorneys through its referral network. Through a free case review, you can be connected with a New Jersey-licensed burn injury attorney, usually within one business day.
Related pages
This page is general information about New Jersey law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in New Jersey can tell you how they apply to your case.
Common questions
How long do I have to sue for a burn in New Jersey?
Generally two years after the claim accrues under N.J.S.A. 2A:14-2. Under Lopez v. Swyer, accrual can wait until you knew or should have known you might have a claim. If a public entity is involved, the Tort Claims Act notice is due within 90 days, and suit is barred after two years.
What if a town or the State caused my burn?
File a notice of claim within 90 days after the claim accrues. A State claim goes to the Attorney General or the department or agency involved, and a local claim goes to that local public entity. The deadline is short, so this step comes before almost anything else.
Can I recover if I was partly at fault?
Yes, if your negligence was not greater than the defendants’. Your award is reduced by your share of the fault. If a jury finds you more than 50% at fault, N.J.S.A. 2A:15-5.1 bars recovery, which is why the defense often argues the injured person caused the spill or ignored a warning.
Does New Jersey have a lawyer referral service?
The New Jersey State Bar Association does not refer cases itself. County bar associations run the referral services, and the NJSBA keeps a directory of them. You can also use a free case review to reach a New Jersey-licensed burn injury attorney.
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Burn injury lawyer — Beverly Law
Burned in New Jersey because of someone else? A free case review connects you with a burn injury attorney licensed in New Jersey, usually within one business day.
Related pages
Sources
- lis.njleg.state.nj.us/nxt/gateway.dll
- courtlistener.com/opinion/2285934/lopez-v-swyer/
- nj.gov/dca/dfs/offices/neris.shtml
- njsba.com/county-bar-associations-for-the-public/
- ameriburn.org/burnreferral
- ameriburn.org/burn-care-team/resources/burn-centers/the-burn-center-at-co
- ameriburn.org/burn-care-team/resources/find-a-burn-center
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.