Maine Burn Injury Lawyer: Your Rights After a Burn

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

What to do after a burn in Maine

Get medical treatment first and keep every record of it. Most burns happen close to home. The American Burn Association reports that 61% of burn incidents occur at private residences, and that scalds make up 58% of the cases burn centers see in children (ABA burn incidence fact sheet).

So the evidence is often in a kitchen or a rented apartment. Photograph the stove, the water heater label or the outlet before a landlord or repair crew touches it, keep the damaged clothing, and save messages where you reported the problem. The Maine Office of State Fire Marshal publishes fire incident and fatality data (State Fire Marshal), and the Maine State Bar Association has a lawyer referral service (MSBA).

The deadline to file in Maine

Maine’s general civil limitations period covers personal injury negligence: “All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards” (14 M.R.S. § 752).

The start date is strict, because Maine has no general discovery rule. A tort claim accrues when the plaintiff sustains a judicially cognizable injury, as the Law Court explained in Myrick v. James, 444 A.2d 987 (Me. 1982), quoting Williams v. Ford Motor Co. The court has used a discovery rule only for limited classes of cases, such as a surgical instrument left inside a patient (Myrick v. James). For a burn, plan on the clock starting the day it happens.

Government claims run on the Maine Tort Claims Act. Written notice is due within 365 days after the claim accrues, and later only for good cause (14 M.R.S. § 8107). State claims go to the agency involved and the Attorney General; local claims go to a person who could be served for the town or other political subdivision. The suit must then be filed within two years (14 M.R.S. § 8110).

How fault works in Maine

Maine uses modified comparative fault with a 50% bar (14 M.R.S. § 156). If the jury finds you “equally at fault,” you recover nothing. If your share is smaller, the jury reduces the damages by an amount it thinks just.

Suppose a Lewiston tenant is burned when an old outlet sparks, and the landlord says the tenant overloaded it with a space heater. If the jury finds the tenant less at fault than the landlord who ignored repair requests, it trims the award by a fair amount. Equal fault ends the claim.

Damages and caps in Maine

Punitive damages in Maine rest on Tuttle v. Raymond, 494 A.2d 1353 (Me. 1985). You must prove by clear and convincing evidence that the defendant acted with malice, express or implied, and reckless disregard alone does not meet that standard (Tuttle v. Raymond). There is no general cap.

Maine sets no cap on noneconomic damages in medical malpractice injury cases. Limits apply when a burn leads to death (18-C M.R.S. § 2-807):

Burns at work in Maine

An employer that has secured workers’ compensation is exempt from civil suits over work injuries, and that immunity extends to its employees, supervisors, officers and directors (39-A M.R.S. § 104). The statute has no general exception for intentional injuries. Its exceptions cover illegally employed minors and, since 2023, personal liability of an employee, supervisor, officer or director (not the employer) for sexual harassment, sexual assault or a related intentional tort (39-A M.R.S. § 104-A).

When an outside company is to blame, such as a fryer maker or propane supplier, the statute lets you claim comp or proceed at law against that third person (39-A M.R.S. § 107). If you take comp, the employer has a lien for the comp it paid on any damages you later recover, and it is repaid less its proportionate share of collection costs and attorney’s fees. If you do not pursue the third party within 30 days after the employer’s written demand, the employer is subrogated.

Burn centers in Maine

None of Maine’s burn centers is ABA-verified. The ABA directory lists one Maine center, and it is not verified:

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

New Hampshire has no ABA-verified center either. The verified centers in Massachusetts:

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

Who may be liable for a burn

Responsibility usually tracks control. A property owner may answer for faulty wiring or tap water that runs too hot. Contractors at your job site can be liable even when your employer is protected. Manufacturers and sellers can answer for a defective wood stove or propane heater. A utility may share fault when a gas line fails, and a coffee shop can be liable for a drink served dangerously hot.

How Beverly Law helps in Maine

Beverly Law is a California firm with attorneys licensed in California and Washington. For a burn injury in Maine, it works with Maine-licensed attorneys through its referral network. Request a free case review and you will usually be connected with a burn injury attorney licensed in Maine within one business day.

Related pages

• Burn injury lawyer · Burn injury law by state · Burn centers · New Hampshire burn injury law · Massachusetts burn injury law

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

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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.