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Kentucky 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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Kentucky gives you one year to sue for most burn injuries caused by someone else (KRS 413.140(1)(a)). A year passes quickly when you are still in treatment. The fault rule is kinder: Kentucky uses pure comparative fault, so your award is reduced by your share of the blame, with no cutoff (Hilen v. Hays). Get medical care now, and contact a Kentucky lawyer in the next few weeks.

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

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What to do after a burn in Kentucky

Kentucky has no ABA-verified burn center. The only center the ABA lists in the state is the University of Louisville Burn Center, an adult center listed by the ABA (not verified). Verified centers in neighboring Tennessee and Ohio, including several that treat children, are listed further down.

Scalds account for 58% of pediatric burn center cases (ABA fact sheet), so a scalded child needs prompt care. Ask the treating doctor whether a transfer makes sense.

With only a year on the clock, start building the file right away. Keep the product, the container and your clothing. Take photos of the injury each week. Collect the names of witnesses, and ask the business or landlord in writing to keep its video.

The Kentucky Bar Association’s Lawyer Referral Services page lists the Central Kentucky, Kentucky, and Northern Kentucky Bar Association referral services. The KBA notes that none of them is KBA-affiliated (KBA).

The deadline to file in Kentucky

An action for an injury to the person must be filed within one year after the cause of action accrued (KRS 413.140(1)(a), in the version effective July 15, 2026). A motor vehicle tort claim under the Motor Vehicle Reparations Act has two years after the injury or the last no-fault (PIP) payment, whichever is later (KRS 304.39-230(6)). That rule can apply when a crash leads to a fire.

Kentucky has two discovery rules worth knowing. Medical malpractice accrues when the injury is or should have been discovered, with a five-year outer limit (KRS 413.140(2)). For latent disease caused by exposure to a harmful substance, the claim accrues when the plaintiff knew or should have known of the injury and that the defendant’s conduct may have caused it (Louisville Trust Co. v. Johns-Manville Products Corp.).

Negligence claims against the state go to the Board of Claims within one year after accrual. A personal injury claim accrues on discovery, with a two-year outer limit (KRS 49.120). Board of Claims awards are capped at $250,000 per claim and $400,000 per act (KRS 49.040). For injuries from defective city streets, sidewalks, bridges and other thoroughfares, written notice must go to the mayor, city clerk or clerk of the board of aldermen within 90 days (KRS 411.110).

How fault works in Kentucky

In Hilen v. Hays, 673 S.W.2d 713 (Ky. 1984), the Kentucky Supreme Court replaced contributory negligence with comparative negligence. Kentucky’s rule is pure comparative fault, and fault allocation is now codified at KRS 411.182. There is no cutoff percentage.

Picture a homeowner burned when a gas technician’s repair fails, after the homeowner ignored a gas smell for a day. A jury sets damages at $150,000 and assigns 60% of the fault to the homeowner and 40% to the technician’s company. The homeowner still recovers $60,000.

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Damages and caps in Kentucky

Punitive damages require clear and convincing proof that the defendant acted with oppression, fraud or malice (KRS 411.184(2)). The statute’s narrow definition of malice in 411.184(1)(c) was held unconstitutional, and the common-law gross negligence standard applies instead (Williams v. Wilson, 972 S.W.2d 260 (Ky. 1998)).

ItemKentucky ruleSource
Punitive damages capNoneKy. Const. Section 54
Medical malpractice capNoneKy. Const. Section 54
Board of Claims award$250,000 per claim, $400,000 per actKRS 49.040

Burns at work in Kentucky

An employer’s workers’ compensation liability is exclusive and takes the place of all other liability to the employee (KRS 342.690(1)). There is one exception. If the injury or death came through the employer’s “deliberate intention” to produce it, the worker may sue at law instead (KRS 342.610(5)).

You may claim comp and also sue a third party, such as the maker of a defective welding torch, though you cannot collect from both (KRS 342.700(1)). The employer, insurer or special fund may recover the comp and medical expenses it paid, less a pro rata share of your legal fees.

Burn centers in Kentucky

Kentucky has no ABA-verified burn center. The ABA lists one center in the state:

CenterCityAddressPhonePatients
University of Louisville Burn Center, listed by the ABA (not verified)Louisville530 S Jackson St, Louisville, KY 40202(502) 562-2876Adult

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

These are the ABA-verified centers in the two neighbor states.

Tennessee:

CenterCityAddressPhonePatients
Regional One Burn Center, Firefighters Burn Center, ABA-verifiedMemphis877 Jefferson Ave, Memphis, TN 38103(800) 351-3434Adult
Vanderbilt Burn Center, ABA-verifiedNashville1211 Medical Center Dr, Nashville, TN 37232(615) 322-4590Adult & Pediatric

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

Ohio:

CenterCityAddressPhonePatients
Akron Children’s Hospital Burn Center, ABA-verifiedAkron1 Perkins Sq, Akron, OH 44308(330) 543-8224Adult & Pediatric
Burn Care Center at MetroHealth, ABA-verifiedCleveland2500 Metrohealth Dr, Cleveland, OH 44109(216) 778-1775Adult & Pediatric
Burn Center at Nationwide Children’s Hospital, ABA-verifiedColumbus700 Childrens Dr, Columbus, OH 43205(614) 722-3910Pediatric
Shriners Children’s Ohio Burn Center, ABA-verifiedDayton1 Childrens Plz, 2 West, Dayton, OH 45404(844) 859-4144Pediatric
The Ohio State Comprehensive Burn Center, ABA-verifiedColumbus395 W 12th Ave Ofc 604, Columbus, OH 43210(614) 293-2876Adult
University of Cincinnati Medical Center Burn Center, ABA-verifiedCincinnati200 Albert Sabin Way, Cincinnati, OH 45267(513) 475-8000Adult

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

Who may be liable for a burn

A burn claim may name a landlord who let a gas line or water heater go unrepaired, or a restaurant that served a drink hot enough to scald. A contractor working on your employer’s job site can be sued separately from the employer. Product makers answer for defective heaters and batteries, and gas utilities or propane suppliers can be responsible for leaks.

How Beverly Law helps in Kentucky

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

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

Common questions

How long do I have to sue for a burn in Kentucky?

One year for injury to the person under KRS 413.140(1)(a). Motor vehicle tort claims under the MVRA have two years from the injury or the last PIP payment, whichever is later. State claims go to the Board of Claims within one year, and some city claims need notice within 90 days.

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

Yes. Kentucky uses pure comparative fault under Hilen v. Hays, so your damages are reduced by your percentage of fault with no cutoff. A person found 70% at fault can still recover the remaining 30% from the other parties.

Does Kentucky cap damages in burn cases?

No cap applies to punitive damages or medical malpractice damages, because Section 54 of the Kentucky Constitution bars the General Assembly from limiting recovery for personal injury or death (Ky. Const. Section 54). Claims against the state through the Board of Claims are capped at $250,000 per claim and $400,000 per act.

Can I sue my employer for a burn at work in Kentucky?

Usually not, because comp liability is exclusive under KRS 342.690(1). The exception is an injury caused by the employer’s deliberate intention to produce it. You can also sue a third party, but you cannot collect from both comp and the third party.

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Related pages

Burn Injury Lawyer

Sources

  1. apps.legislature.ky.gov/law/statutes/statute.aspx
  2. courtlistener.com/opinion/2455891/hilen-v-hays/
  3. ameriburn.org/resources/burn-incidence-fact-sheet/
  4. kybar.org/For-Public/Lawyer-Referral-Services
  5. apps.legislature.ky.gov/law/statutes/statute.aspx
  6. courtlistener.com/opinion/2418462/louisville-trust-co-v-johns-manville-produc
  7. apps.legislature.ky.gov/law/statutes/statute.aspx
  8. apps.legislature.ky.gov/law/statutes/statute.aspx
  9. apps.legislature.ky.gov/law/statutes/statute.aspx
  10. apps.legislature.ky.gov/law/statutes/statute.aspx
  11. apps.legislature.ky.gov/law/statutes/statute.aspx
  12. courtlistener.com/opinion/2441386/williams-v-wilson/
  13. apps.legislature.ky.gov/Law/Constitution/Constitution/ViewConstitution
  14. apps.legislature.ky.gov/law/statutes/statute.aspx
  15. apps.legislature.ky.gov/law/statutes/statute.aspx
  16. apps.legislature.ky.gov/law/statutes/statute.aspx
  17. ameriburn.org/burn-care-team/resources/burn-centers/university-of-louisvi
  18. ameriburn.org/burn-care-team/resources/find-a-burn-center
  19. ameriburn.org/burn-care-team/resources/burn-centers/firefighters-regional
  20. ameriburn.org/burn-care-team/resources/burn-centers/vanderbilt-burn-cente
  21. ameriburn.org/burn-care-team/resources/burn-centers/akron-children-s-hosp
  22. ameriburn.org/burn-care-team/resources/burn-centers/burn-care-center-at-m
  23. ameriburn.org/burn-care-team/resources/burn-centers/burn-center-at-nation
  24. ameriburn.org/burn-care-team/resources/burn-centers/shriners-children-s-o
  25. ameriburn.org/burn-care-team/resources/burn-centers/the-ohio-state-compre
  26. ameriburn.org/burn-care-team/resources/burn-centers/university-of-cincinn

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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