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New Hampshire Burn Injury Lawyer: Your Rights After a Burn

Michael Shemtoub, trial attorney, Beverly Law
Michael Shemtoub, Beverly Law
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A burn caused by someone else in New Hampshire generally has to be brought to court within three years of the act that caused it. When the injury or its cause could not reasonably be found right away, the three years run from discovery instead. This page does not state New Hampshire’s rule on shared fault, so ask a lawyer licensed there how it would apply to you. Today, get treatment and keep every piece of evidence.

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

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What to do after a burn in New Hampshire

See a doctor even if the skin looks only red at first. Burns from hot tap water are a real risk at home: the U.S. Consumer Product Safety Commission says most adults suffer third-degree burns after two seconds in 150°F water, and it urges setting water heaters to 120°F (CPSC).

Write down the date, time and exact place of the injury. You will need those details for any notice to a town or the state. Keep the product, the container or the clothing, and take photos of the scene before anything gets cleaned up or repaired. A landlord, store or employer may write its own report, so ask for a copy. The New Hampshire Bar Association offers a Lawyer Referral Service if you want a referral from the bar (NH Bar).

The deadline to file in New Hampshire

Under RSA 508:4, I, a personal injury suit “may be brought only within 3 years of the act or omission complained of” (RSA 508:4). The same section has a discovery rule. If the injury and its causal link to the act were not discovered, and could not reasonably have been discovered, at the time, the three years start when you discover them or reasonably should have.

Government claims move faster. For a city, town or county, the clerk of that governmental unit must be notified by registered mail within 60 days after the injury or its discovery, giving the date, time and location (RSA 507-B:7). That notice is a condition precedent to the suit. The lawsuit itself is due within three years. For the State of New Hampshire, written notice goes to the responsible agency within 180 days of the injury, with the same date, time and location details, and suit must follow within three years (RSA 541-B:14).

How fault works in New Hampshire

We have not confirmed New Hampshire’s comparative fault rule from an official source for this update, so this page does not describe it. Expect fault to come up anyway. A coffee shop may say the customer pried off the lid. A landlord may blame a tenant for turning up the water heater. A New Hampshire lawyer can tell you how the state’s rule treats any share of blame put on you.

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Damages and caps in New Hampshire

New Hampshire does not allow punitive damages “unless otherwise provided by statute” (RSA 507:16).

There is no general cap on noneconomic damages. In Brannigan v. Usitalo, 134 N.H. 50 (1991), the New Hampshire Supreme Court declared the RSA 508:4-d cap on noneconomic damages unconstitutional as a denial of equal protection (opinion). That followed Carson v. Maurer, 120 N.H. 925 (1980), which struck down earlier medical malpractice damages limits (opinion).

Claims against the state are different. Under RSA 541-B:14, they are capped:

ClaimLimit
Per claimant, tort claim against the State$475,000
Per incident, tort claims against the State$3,750,000
If RSA 9:27 insurance proceeds are greaterThe insurance proceeds

Source: RSA 541-B:14.

Burns at work in New Hampshire

A worker covered by workers’ compensation gives up all common-law and statutory rights of action against the employer and its insurer (RSA 281-A:8). Claims against co-workers, officers, directors and agents are waived too, except for intentional torts.

A third party is another matter. RSA 281-A:13 lets you collect comp and also sue a liable outside party, such as the company that installed a gas line at the plant (RSA 281-A:13). The employer or its carrier gets a lien on the recovery for the comp and medical benefits it paid, reduced by expenses, costs and its pro rata share. If you do not sue within nine months of the injury, the employer or carrier is subrogated and can step in.

Burn centers in New Hampshire

The American Burn Association directory lists no burn center in New Hampshire. Maine, one of the two neighboring states, has no ABA-verified center. The ABA-verified centers in Massachusetts:

CenterCityAddressPhonePatients
Shriners Burn Center – Boston, ABA-verifiedBoston, MA51 Blossom St, Boston, MA 02114(617) 918-7809Pediatric
Sumner Redstone Burn Center, ABA-verifiedBoston, MA55 Fruit St, GRB 1300, Boston, MA 02114(617) 726-3712Adult

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

Shriners Burn Center in Boston treats children and Sumner Redstone Burn Center treats adults. Our burn centers page explains how the ABA directory works.

Who may be liable for a burn

Think about who controlled the hazard. An apartment owner may be responsible for a water heater set dangerously hot or a heating system left in disrepair. A contractor your employer brought in can answer for a burn on the job. Manufacturers answer for defective products such as space heaters, wood stoves and lithium batteries. Gas and electric utilities may share fault when their lines or equipment fail. A restaurant or drive-through can be liable for a drink that was too hot or poorly lidded.

How Beverly Law helps in New Hampshire

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

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

Common questions

How long is the filing window for a burn in New Hampshire?

Three years from the act or omission under RSA 508:4, I. If the injury and its cause could not reasonably have been discovered at the time, the three years run from when you discovered them or should have. Claims against towns and the state need earlier written notice.

How fast must I notify a town about a burn?

Within 60 days after the injury or its discovery. RSA 507-B:7 requires notice to the clerk of the governmental unit by registered mail, stating the date, time and location. It is a condition precedent to the suit, which is due within three years.

Can I get punitive damages for a burn in New Hampshire?

Only if a statute provides for them. RSA 507:16 bars punitive damages otherwise. Damages for pain and other noneconomic losses have no general cap, because the state Supreme Court struck down the noneconomic damages cap in Brannigan v. Usitalo.

Where do burn patients from New Hampshire go?

The ABA lists no burn center in New Hampshire, and Maine has no ABA-verified center. In neighboring Massachusetts, the ABA-verified centers are in Boston: Sumner Redstone Burn Center for adults and Shriners Burn Center for children.

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Sources

  1. gc.nh.gov/rsa/html/LII/508/508-4.htm
  2. gc.nh.gov/rsa/html/LII/507-B/507-B-7.htm
  3. law.justia.com/codes/new-hampshire/title-lv/chapter-541-b/section-541-b-14
  4. gc.nh.gov/rsa/html/LII/507/507-16.htm
  5. courtlistener.com/opinion/8090749/brannigan-v-usitalo/
  6. courtlistener.com/opinion/1534241/carson-v-maurer/
  7. gc.nh.gov/rsa/html/XXIII/281-A/281-A-8.htm
  8. gc.nh.gov/rsa/html/XXIII/281-A/281-A-13.htm
  9. nhbar.org/lawyer-referral-service
  10. cpsc.gov/s3fs-public/5098-Tap-Water-Scalds.pdf
  11. ameriburn.org/burn-care-team/resources/find-a-burn-center
  12. ameriburn.org/burn-care-team/resources/burn-centers/shriners-burn-center-
  13. ameriburn.org/burn-care-team/resources/burn-centers/sumner-redstone-burn-

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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