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Nevada 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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Nevada generally allows two years to sue for a burn caused by someone else’s wrongful act or neglect (NRS 11.190(4)(e)). You can recover if your share of the fault is not greater than the defendants’ combined share; above that, the claim is barred (NRS 41.141). Two years can pass quickly during burn treatment, so get your records and evidence together early.

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

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What to do after a burn in Nevada

Your first job is treatment at the right place. The American Burn Association’s referral guidelines call for burn center consultation for full-thickness burns, chemical burns, high-voltage electrical injuries and suspected smoke inhalation, and they note that all children may benefit from referral (ABA referral guidelines). Nevada’s ABA-verified center is in Las Vegas.

If you were burned at a hotel, casino, pool or restaurant, report it to management before you leave and ask for a copy of the incident report. Take photos of the scene, including the fixture, the cup or the equipment. Get names of witnesses. Then ask in writing that surveillance video be preserved, since recordings are not kept forever.

If you were visiting Nevada and have already gone home, keep your receipts and room records with your medical files.

The deadline to file in Nevada

Most burn claims fall under the two-year period in NRS 11.190(4)(e). Nevada courts apply a discovery rule that tolls the period until the injured person discovers, or reasonably should have discovered, the facts supporting a cause of action (Petersen v. Bruen, 106 Nev. 271 (1990)).

Medical malpractice follows its own clock. For injuries on or after October 1, 2023, NRS 41A.097(3) allows 3 years after the injury or 2 years after discovery, whichever comes first.

Claims against the State or a local government are handled under NRS 41.036. A tort claim against the State is filed with the Attorney General, and one against a political subdivision is filed with its governing body, within 2 years after the claim accrues. The statute also says that filing this claim is not a condition precedent to bringing an action under NRS 41.031.

How fault works in Nevada

Nevada’s fault rule is modified comparative negligence. The statute says “the plaintiff may not recover if the plaintiff’s comparative negligence … is greater than the negligence of the defendant or the combined negligence of multiple defendants” (NRS 41.141). Up to that line, recovery is reduced by the plaintiff’s share.

Imagine a hotel guest scalded when a shower’s mixing valve fails. The hotel argues the guest turned the handle all the way to hot without testing the water. If a jury puts 20% of the fault on the guest, the guest recovers 80% of the damages. At 51%, the guest recovers nothing.

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Damages and caps in Nevada

RuleNevada lawSource
Standard for punitive damagesClear and convincing evidence of oppression, fraud or malice, express or impliedNRS 42.005(1)
Punitive cap3 times compensatory damages if compensatory damages are $100,000 or more; $300,000 if lessNRS 42.005
Where the punitive cap does not applyMakers and sellers of defective products, insurer bad faith, discriminatory housing, toxic or hazardous material releases, defamationNRS 42.005(2)
Med-mal noneconomic cap$350,000 base, increased by $80,000 each January 1 from January 1, 2024 until it reaches $750,000 on January 1, 2028, then by 2.1% each January 1 from 2029NRS 41A.035

The defective-product exception matters in burn cases. When a heater, battery or pressure cooker is the cause, the statutory punitive cap does not apply to its maker or seller. For the malpractice cap, the Nevada Supreme Court publishes the yearly amounts on its website, so check the current figure for the year of your injury.

Burns at work in Nevada

Industrial insurance is the employee’s exclusive remedy for workplace accidents (NRS 616A.020). Conway v. Circus Circus Casinos, 116 Nev. 870 (2000), allows an intentional tort claim only where the employer deliberately and specifically intended to injure the employee.

An injured worker may also sue a liable third party other than the employer or a co-employee (NRS 616C.215(2)). In a kitchen or a construction site, that could be the company that serviced the gas line or made a faulty torch. Compensation is reduced by the damages recovered, and the insurer that paid benefits has its own right of action against the third party and is subrogated to the employee’s rights.

Burn centers in Nevada

The ABA directory lists two burn centers in Nevada, both in Las Vegas. Lions Burn Center is ABA-verified; the Sunrise Hospital center is listed without verification.

CenterCityAddressPhonePatients
Lions Burn Center, ABA-verifiedLas Vegas1800 W Charleston Blvd, Las Vegas, NV 89102(702) 383-2268Adult & Pediatric
Burn and Reconstructive Center of Sunrise Hospital, listed by the ABA (not verified)Las Vegas3186 S Maryland Pkwy, Las Vegas, NV 89109(702) 961-7552Adult & Pediatric

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

Who may be liable for a burn

Responsibility follows control. A property owner, including a hotel or apartment complex, may answer for scalding water, faulty wiring or a fire with no working alarm. On a job site, a contractor brought in by the employer may have created the danger. A product maker and seller may be liable when a device overheats or explodes. A utility can be responsible for a gas leak or a downed line. A restaurant can be responsible for a burn from hot oil, a sizzling plate or a drink served too hot.

How Beverly Law helps in Nevada

Beverly Law is a California firm; its attorneys are licensed in California and Washington. For burn injuries in Nevada, the firm works with Nevada-licensed attorneys through its referral network. A free case review is the first step, and it typically connects you with a Nevada-licensed burn injury attorney within one business day.

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

Common questions

How long do I have to sue after a burn in Nevada?

Generally two years under NRS 11.190(4)(e), with a court-made discovery rule from Petersen v. Bruen. Medical malpractice injuries on or after October 1, 2023 have 3 years after the injury or 2 years after discovery, whichever comes first. Claims against the State or a political subdivision are filed within 2 years under NRS 41.036.

Can I recover if I was partly to blame?

Yes, as long as your negligence was not greater than that of the defendants combined. Your recovery is reduced by your share. If a jury finds you more at fault than all the defendants together, NRS 41.141 bars recovery.

Is there a cap on punitive damages for a defective product burn?

The general punitive cap in NRS 42.005 is 3 times compensatory damages when they are $100,000 or more, or $300,000 when they are less. That cap does not apply to the manufacturer or seller of a defective product, which can matter when a heater, battery or appliance caused the burn.

Does Nevada have a lawyer referral service?

Yes. The State Bar of Nevada runs a Lawyer Referral Service. You can contact it directly, or use a free case review to be connected with a Nevada-licensed burn injury attorney, usually within one business day.

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BEVERLY LAW · BURN INJURY ATTORNEYS

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Related pages

Burn Injury Lawyer

Sources

  1. leg.state.nv.us/NRS/NRS-011.html
  2. courtlistener.com/opinion/1427522/petersen-v-bruen/
  3. leg.state.nv.us/NRS/NRS-041.html
  4. leg.state.nv.us/NRS/NRS-041.html
  5. leg.state.nv.us/NRS/NRS-042.html
  6. leg.state.nv.us/NRS/NRS-041A.html
  7. leg.state.nv.us/NRS/NRS-041A.html
  8. leg.state.nv.us/NRS/NRS-616A.html
  9. leg.state.nv.us/NRS/NRS-616C.html
  10. nvbar.org/for-the-public/find-a-lawyer/lrs/
  11. ameriburn.org/burnreferral
  12. ameriburn.org/burn-care-team/resources/burn-centers/lions-burn-center-las
  13. ameriburn.org/burn-care-team/resources/burn-centers/burn-and-reconstructi
  14. 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.

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