Attorney Advertising.
By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · Free case review
What to do after a burn in Oregon
A second-degree burn damages the outer skin and the dermis below it, while a third-degree burn destroys the skin to its full depth (NIH/NIGMS). If you are sent to the Portland burn center listed below, ask for the transfer records.
Then keep proof: photos of the wound every few days and of the place it happened. Keep the cup, appliance, clothing or chemical container, and do not give a failed product back to the store. Talk with a lawyer before you give a recorded statement to an insurer. The Oregon State Bar’s Legal Referral Service can set up a first consultation of up to 30 minutes for $50 or less (Oregon State Bar).
If a fire was involved, the Oregon State Fire Marshal publishes data dashboards, including a Fire Casualties Dashboard and an NFIRS Dashboard, with datasets you can download as .csv files (OSFM dashboards).
The deadline to file in Oregon
The basic period is two years for an injury to the person not arising on contract (ORS 12.110(1)). ORS 12.115 adds a 10-year outer limit for negligent injury.
The two years do not always start on the day of the burn. In Schiele v. Hobart Corp. (1978), the Oregon Supreme Court said the period begins when a reasonably prudent person associates the symptoms with a serious or permanent condition and also sees the role the defendant played. Medical malpractice has its own statutory discovery rule: two years from discovery, with a five-year repose (ORS 12.110(4)).
Under the Oregon Tort Claims Act, notice is due within 180 days of the injury (one year for a wrongful death), plus up to 90 days if the injured person is incapacitated. For the state, notice goes to the Director of the Oregon Department of Administrative Services; for a local public body, to its principal administrative office, a governing-body member or its designated general counsel. Suit must follow within two years (ORS 30.275).
How fault works in Oregon
Oregon uses modified comparative fault. Your carelessness does not bar the case if your share is not greater than the combined fault of the others the jury weighs against you (ORS 31.600(1)). Past 50%, you recover nothing.
Picture a tenant scalded by a water heater the landlord had been told to repair. If the jury puts 20% of the fault on the tenant for reaching in to adjust it, the tenant collects 80% of the damages. At an even split, the tenant still recovers half. At 51%, the claim fails.
Free burn injury case review
Tell us what happened. A free case review connects you with a burn injury attorney licensed in your state, usually within one business day.
Damages and caps in Oregon
Oregon does not cap noneconomic damages, such as pain and disfigurement, in a personal injury case, medical malpractice included. Since 2021, the $500,000 limit in ORS 31.710 reaches only wrongful death actions, and not Tort Claims Act or workers’ compensation claims.
Punitive damages require clear and convincing evidence of malice, or of a reckless and outrageous indifference to a highly unreasonable risk of harm with conscious indifference to others’ health, safety and welfare (ORS 31.730(1)). The statute sets no dollar cap but divides the award.
| Item | Oregon rule | Source |
|---|---|---|
| Noneconomic damages, injury case | No cap | ORS 31.710 |
| Noneconomic damages, wrongful death | $500,000, not inflation-adjusted | ORS 31.710 |
| Punitive award to the injured person | 30% (attorney fee capped at 20% of the award) | ORS 31.735 |
| Punitive award to the state | 60% Criminal Injuries Compensation Account; 10% State Court Facilities and Security Account | ORS 31.735 |
Burns at work in Oregon
An employer that carries workers’ compensation coverage has exclusive liability under ORS 656.018(1)(a), so the comp claim is usually the only claim against it (ORS chapter 656). The exception is an injury caused by the employer’s deliberate intention to injure, which lets the worker take benefits and also sue for damages above them (ORS 656.156(2)).
If a subcontractor or the maker of a faulty steam valve is to blame, the worker may elect to sue that negligent third person (ORS 656.154; election rules in ORS 656.578). Under ORS 656.593, costs and attorney fees come off first, the worker keeps at least one-third of the balance, and the paying agency is reimbursed from the rest.
Burn centers in Oregon
The American Burn Association lists one burn center in Oregon. It is ABA-verified for adults and children.
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| Legacy Oregon Burn Center (ABA-verified) | Portland | 3001 N Gantenbein Ave, Portland, OR 97227 | (503) 413-4232 | Adult & Pediatric |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
Who may be liable for a burn
Ask who controlled the danger. A landlord or store owner may have ignored a gas smell. A restaurant may have served a drink far hotter than a customer expects; the ABA’s scald guide reports that 155°F water can cause a third-degree burn in adult skin in about one second (ABA scald guide). A contractor who is not your employer, the maker of a defective space heater, or a utility with a neglected line can also be responsible.
How Beverly Law helps in Oregon
Beverly Law is a California firm, and its attorneys are licensed in California and Washington. For a burn injury in Oregon, the firm works with Oregon-licensed attorneys through its referral network. A free case review connects you with a burn injury attorney licensed in Oregon, usually within one business day.
Related pages
- Burn injury lawyer · Burn injury law by state · Burn centers · Washington burn injury law · California burn injury law
This page is general information about Oregon law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Oregon can tell you how they apply to your case.
Common questions
How long do I have to sue for a burn in Oregon?
Usually two years under ORS 12.110(1), measured from when a reasonable person would connect the injury to the defendant. If a public body is involved, written notice is due within 180 days, and the suit must still come within two years (ORS 30.275).
Can I recover if I was partly to blame for the burn?
Yes, if your fault is not greater than the others’ combined fault, with the award reduced by your percentage (ORS 31.600). If the jury finds you were more than half responsible, the claim is barred.
Does Oregon cap burn damages?
Not for noneconomic damages in an injury case. The $500,000 limit in ORS 31.710 covers only wrongful death actions. Punitive damages have no dollar cap, but the injured person keeps 30% and two state accounts receive the rest.
Can I sue my employer in Oregon?
Generally no, if the employer has comp coverage, since its liability is exclusive under ORS 656.018. A deliberate intention to injure is the exception. You may also elect to sue a negligent third person, with the comp payer’s lien paid from that recovery.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
Burn injury lawyer — Beverly Law
Burned in Oregon because of someone else? A free case review connects you with a burn injury attorney licensed in Oregon, usually within one business day.
Related pages
Sources
- oregonlegislature.gov/bills_laws/ors/ors012.html
- law.justia.com/cases/oregon/supreme-court/1978/284-or-483-0.html
- oregonlegislature.gov/bills_laws/ors/ors030.html
- oregonlegislature.gov/bills_laws/ors/ors031.html
- oregonlegislature.gov/bills_laws/ors/ors656.html
- oregon.gov/osfm/about-us/Pages/dashboards.aspx
- osbar.org/public/ris/
- ameriburn.org/burn-care-team/resources/find-a-burn-center
- ameriburn.org/burn-care-team/resources/burn-centers/legacy-oregon-burn-ce
- webarchive.library.unt.edu/web/20130219001112/http://www.nigms.nih.gov/Publications/Fa
- 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.
