Arizona 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 Arizona

See the right doctors early. Under the American Burn Association’s referral guidelines, burns of 10% or more of the body, deep burns of the hands, feet, face or genitals, chemical burns and suspected inhalation injuries all call for burn center consultation (ABA referral guidelines). Arizona’s ABA-verified center is in Phoenix.

While you heal, keep a simple log. Note each appointment and each day of work you miss. Photograph the injury regularly. Keep the product or clothing involved, and write down who was there.

If the burn happened on public property or involved a public vehicle or employee, start on the notice of claim right away. It has strict content rules, covered below.

The deadline to file in Arizona

Most burn claims, including medical malpractice, carry a two-year limit under A.R.S. 12-542. Arizona courts apply a discovery rule, so a claim does not accrue until the injured person discovers, or with reasonable diligence should have discovered, the injury. The court discussed that rule in Gust, Rosenfeld & Henderson v. Prudential, 182 Ariz. 586 (1995), noting that “in tort cases, Arizona courts were early in recognizing the equities behind the discovery rule.”

Claims against government work differently. For State and local public entities, public schools and public employees, the notice of claim must be filed with the person authorized to accept service within 180 days after the cause of action accrues (A.R.S. 12-821.01). It must state the facts and a specific amount for which the claim can be settled. That statute has its own discovery-based accrual rule in subsection (B). The lawsuit itself must then be filed within one year (A.R.S. 12-821).

Consider a child scalded by a malfunctioning water fountain at a public school, or a driver burned when a city truck runs a red light and the car catches fire. In both, the 180-day notice and the one-year suit deadline control.

How fault works in Arizona

Arizona follows pure comparative fault. If the jury finds the injured person partly at fault, “the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault” (A.R.S. 12-2505). There is one limit: the rule is not available to a claimant who intentionally, wilfully or wantonly caused or contributed to the injury.

Here is a simple example. A customer pries the lid off a very hot coffee to add cream, and the cup tips into her lap. If a jury finds her 25% at fault, she recovers 75% of her damages. Even at 70% fault, she still recovers the other 30%.

Damages and caps in Arizona

Punitive damages require clear and convincing evidence. In Linthicum v. Nationwide Life Ins., 150 Ariz. 326 (1986), the court tied them to proof of an “evil mind” plus aggravated and outrageous conduct.

Arizona has no cap on medical malpractice damages. The state constitution says: “No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person” (Ariz. Const. art. 2, sec. 31; see also art. 18, sec. 6).

Burns at work in Arizona

Workers’ compensation is the exclusive remedy against the employer and co-employees (A.R.S. 23-1022(A)). The exception is the employer’s “wilful misconduct,” which the statute defines as “an act done knowingly and purposely with the direct object of injuring another.” Arizona also lets an employee reject coverage in advance, in writing, under A.R.S. 23-906.

An outside party can still be sued. Under A.R.S. 23-1023, a burned worker may sue a negligent third person, such as the contractor who mislabeled a chemical line. If the worker does not sue within one year, the claim is deemed assigned to the carrier or the self-insured employer. The carrier has a lien on the net recovery, after reasonable expenses and attorney fees, for the benefits it paid.

Burn centers in Arizona

The ABA directory lists two burn centers in Arizona. The Phoenix center is ABA-verified; the Tucson unit is listed without verification.

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

Who may be liable for a burn

Ask who had control. A landlord or property owner may answer for a fire from old wiring or a water heater set far too hot. On a construction or mining site, the employer’s contractor may have caused the hazard. The maker and seller of a defective battery, heater or pressure cooker may be responsible when it fails. A utility can be at fault for a gas leak or a downed power line. A restaurant can be responsible when hot oil or a scalding drink is handled carelessly.

How Beverly Law helps in Arizona

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

Related pages

• Burn injury lawyer · Burn injury law by state · Burn centers · Nevada · New Mexico

This page is general information about Arizona law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Arizona 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.