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Alabama Burn Injury Lawyer: Your Rights After a Burn

Michael Shemtoub, trial attorney, Beverly Law
Michael Shemtoub, Beverly Law
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In Alabama, you generally have two years to sue for a burn caused by someone else (Ala. Code 6-2-38(l)). The fault rule is harsh. Alabama keeps contributory negligence, so any fault on your part can bar recovery (Williams v. Delta International Machinery Corp.). A claim against a city has to be presented within six months (Ala. Code 11-47-23). Get medical care, then write down exactly what happened while you still remember it clearly.

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

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What to do after a burn in Alabama

The ABA directory lists three burn centers in Alabama, none of them verified: one in Mobile and two in Birmingham, including a pediatric center at Children’s of Alabama. Verified centers in neighboring Georgia are listed below too. Ask your doctor which center fits your burn.

Because even a small share of fault can sink an Alabama claim, your own account matters. Write down where you were standing and whether anyone warned you. Keep the product or container, photograph the scene and the wound, and collect names of witnesses. Ask the business in writing to preserve its video. Do not guess or speculate in a statement to an insurer.

The Alabama State Bar runs a Lawyer Referral Service if you want to find a lawyer on your own (Alabama State Bar).

The deadline to file in Alabama

Actions for injury to the person not arising from contract must be brought within two years (Ala. Code 6-2-38(l)).

Alabama has no general discovery rule. It applies one only where the Legislature provides it, as with asbestos claims (Ala. Code 6-2-30(b)) and medical malpractice, which has two years, extended to six months from discovery, with a four-year outer limit (Ala. Code 6-5-482(a)). In toxic-exposure cases, the claim accrues when there is a manifest, present injury (Griffin v. Unocal Corp., 990 So. 2d 291 (Ala. 2008)).

Claims against government bodies run on separate clocks:

DefendantDeadlineSource
City or townPresent the claim to the clerk within 6 months of accrual, with a sworn statement of the injury filed with the clerk11-47-23, 11-47-192
CountyPresent the claim within 12 months11-12-8
StateState Board of Adjustment within 1 year (2 years for death)41-9-62, 41-9-65

How fault works in Alabama

Alabama follows contributory negligence: if you share any fault, you can be barred from recovering at all. In Williams v. Delta International Machinery Corp., 619 So. 2d 1330 (Ala. 1993), the Alabama Supreme Court declined to abolish the doctrine.

Consider a customer burned when a gas station pump catches fire. The jury might believe the station’s equipment was mostly to blame. But if it also finds the customer 10% at fault for walking away from the nozzle, the contributory negligence rule can leave him with nothing. That is why the defense in an Alabama burn case looks hard at every choice the injured person made.

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Damages and caps in Alabama

Punitive damages require clear and convincing evidence that the defendant consciously or deliberately engaged in oppression, fraud, wantonness, or malice (Ala. Code 6-11-20). Section 6-11-21 then caps them:

CasePunitive damages cap
GeneralGreater of 3x compensatory or $500,000
Physical injuryGreater of 3x compensatory or $1.5 million
Small business defendantGreater of $50,000 or 10% of net worth
Wrongful death, or intentional infliction of physical injuryNo cap

The amounts are CPI-adjusted every 3 years (Ala. Code 6-11-21).

Alabama has no cap on medical malpractice damages. The Alabama Supreme Court struck down the $400,000 noneconomic cap in Ala. Code 6-5-544(b) (Moore v. Mobile Infirmary Ass’n, 592 So. 2d 156 (Ala. 1991)).

Burns at work in Alabama

Workers’ compensation rights exclude all other remedies, and the employer is not civilly liable (Ala. Code 25-5-52, 25-5-53). The statute has no intentional-injury exception for the employer.

A co-employee is different. A worker may sue a co-employee, and the comp carrier, for “willful conduct,” which includes intent to injure, removing a safety guard, and intoxication (Ala. Code 25-5-11(b)-(c)). That suit has a two-year deadline (Ala. Code 6-2-38(g)).

You may also take comp and sue any party other than the employer, such as the manufacturer of a defective boiler (Ala. Code 25-5-11(a)). The employer is reimbursed from that recovery under the same section.

Burn centers in Alabama

Alabama has no ABA-verified burn center. These are the three centers the ABA lists in the state:

CenterCityAddressPhonePatients
Arnold Luterman Regional Burn Center, listed by the ABA (not verified)Mobile2451 University Hospital Dr, Mobile, AL 36617(251) 471-7000Adult & Pediatric
Children’s of Alabama Burn Center, listed by the ABA (not verified)Birmingham1600 7th Ave S, Birmingham, AL 35233(205) 638-9398Pediatric
UAB Burn Center, listed by the ABA (not verified)Birmingham1808 7th Ave S, Boshell Diabetes Building #505, Birmingham, AL 35233(205) 975-7521Adult

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

In neighboring Georgia, the ABA lists these verified centers. The ABA directory showed no verified burn center in Mississippi, the other neighbor state.

CenterCityAddressPhonePatients
Joseph M. Still Burn Center at Doctors Hospital, ABA-verifiedAugusta3651 Wheeler Rd, Augusta, GA 30909(855) 863-9595Adult & Pediatric
Walter L. Ingram Burn Center – Grady Memorial Hospital, ABA-verifiedAtlanta80 Jesse Hill Jr Dr SE, Atlanta, GA 30303(404) 616-1000Adult

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

Who may be liable for a burn

Businesses that control heat or fuel are the usual defendants. A restaurant decides how hot it serves coffee, and the ABA’s scald table shows 155°F water can cause a third-degree burn in one second (ABA scald guide). A landlord answers for neglected gas appliances. Contractors on a job site, product makers, utilities and propane dealers can each carry part of the blame.

How Beverly Law helps in Alabama

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

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

Common questions

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

Two years for injury to the person under Ala. Code 6-2-38(l). Claims against a city must be presented to the clerk within six months, claims against a county within 12 months, and claims against the state go to the State Board of Adjustment within one year.

Can I recover if I was partly at fault for my burn?

Often not. Alabama uses contributory negligence, so any fault on your part can bar the claim, and the state Supreme Court declined to abolish that rule in Williams v. Delta International Machinery Corp.. Careful notes about what happened, made early, can matter a great deal.

Is there a cap on punitive damages in an Alabama burn case?

Yes, in most cases. When there is physical injury, punitive damages cannot exceed the greater of three times compensatory damages or $1.5 million, CPI-adjusted every three years (Ala. Code 6-11-21). There is no cap for wrongful death or the intentional infliction of physical injury.

Can I sue a coworker who caused my burn?

Yes, for willful conduct such as intent to injure, removing a safety guard, or intoxication (Ala. Code 25-5-11(b)-(c)). The suit must be filed within two years. The employer itself is generally protected by the comp exclusivity rule in 25-5-53.

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BEVERLY LAW · BURN INJURY ATTORNEYS

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Related pages

Burn Injury Lawyer

Sources

  1. alison.legislature.state.al.us/code-of-alabama
  2. courtlistener.com/opinion/1806969/williams-v-delta-intern-machinery-corp/
  3. alison.legislature.state.al.us/code-of-alabama
  4. alabar.org/programs/lawyer-referral-service/
  5. alison.legislature.state.al.us/code-of-alabama
  6. alison.legislature.state.al.us/code-of-alabama
  7. courtlistener.com/opinion/1704484/griffin-v-unocal-corp/
  8. alison.legislature.state.al.us/code-of-alabama
  9. alison.legislature.state.al.us/code-of-alabama
  10. alison.legislature.state.al.us/code-of-alabama
  11. alison.legislature.state.al.us/code-of-alabama
  12. alison.legislature.state.al.us/code-of-alabama
  13. alison.legislature.state.al.us/code-of-alabama
  14. courtlistener.com/opinion/1830047/moore-v-mobile-infirmary-assn/
  15. alison.legislature.state.al.us/code-of-alabama
  16. alison.legislature.state.al.us/code-of-alabama
  17. alison.legislature.state.al.us/code-of-alabama
  18. ameriburn.org/burn-care-team/resources/burn-centers/arnold-luterman-regio
  19. ameriburn.org/burn-care-team/resources/burn-centers/children-s-of-alabama
  20. ameriburn.org/burn-care-team/resources/burn-centers/uab-burn-center-birmi
  21. ameriburn.org/burn-care-team/resources/find-a-burn-center
  22. ameriburn.org/burn-care-team/resources/burn-centers/joseph-m-still-burn-c
  23. ameriburn.org/burn-care-team/resources/burn-centers/walter-l-ingram-burn-
  24. childburn.org/_files/ugd/8b77b5_86f5163b1c4f4c9a8d6cc8c3456a2d7f.pdf

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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