Delaware 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 Delaware

See a doctor the same day if the skin blisters. A second-degree burn reaches into the dermis and is often red, blistered, swollen and painful (Cedars-Sinai). The American Burn Association says coffee, tea and other hot beverages are usually served at 160 to 180°F, which causes almost instant burns that need surgery (ABA scald guide).

Keep the cup, lid and receipt if a drink burned you. Photograph the injury and the scene, write down witnesses, and ask the business for its incident report and video. The Delaware Office of the State Fire Marshal posts annual reports for fiscal years 2021 through 2026 (State Fire Marshal). The Delaware State Bar Association runs an Online Lawyer Referral Service (DSBA).

The deadline to file in Delaware

The statute bars a personal injury action filed “after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained” (10 Del. C. § 8119).

There are two ways the start can shift. For medical negligence, the period can run up to three years from the injury when the injury was unknown and could not reasonably have been discovered within two years (18 Del. C. § 6856). For other personal injuries, the Delaware Supreme Court held in Layton v. Allen, 246 A.2d 794 (Del. 1968), that an inherently unknowable injury, suffered by someone blamelessly ignorant of it, is “sustained” when its harmful effect first shows itself and becomes physically ascertainable (Layton v. Allen). Delaware has no statewide notice-of-claim statute. Under the County and Municipal Tort Claims Act, a county or town may adopt a notice requirement by ordinance, but it cannot bar suit if notice is given within one year of the occurrence (10 Del. C. § 4013(c)).

How fault works in Delaware

Delaware uses modified comparative fault with a 51% bar (10 Del. C. § 8132). Your negligence does not bar recovery if it was not greater than the negligence of the defendant, or of all defendants combined. Your damages are reduced by your share.

Picture a beachgoer at a Rehoboth boardwalk food stand who is splashed by fryer oil that spills over a counter with no guard. The stand says the customer leaned over the counter. If a jury puts 25% of the fault on the customer, the award falls by a quarter. If it puts the customer at 55%, the claim is lost.

Damages and caps in Delaware

No general punitive damages statute or statutory cap appears in the Delaware Code. Under Jardel Co. v. Hughes, 523 A.2d 518 (Del. 1987), punitive damages require outrageous conduct from an evil motive or reckless indifference to the rights of others, meaning a conscious indifference to foreseeable effects. Mere negligence is not enough (Jardel Co. v. Hughes). In medical negligence cases, punitive damages are allowed only if the trier of fact separately finds the injury was maliciously intended or resulted from wilful or wanton misconduct (18 Del. C. § 6855).

The Delaware Health-Care Medical Negligence Insurance and Litigation Act contains no limit on damages (18 Del. C. ch. 68). Local government claims are the exception that has a number:

Burns at work in Delaware

Workers’ compensation binds employer and employee “to the exclusion of all other rights and remedies,” apart from UM/UIM and PIP benefits (19 Del. C. § 2304).

Third parties are outside that rule. Under 19 Del. C. § 2363, you may sue someone other than your employer or a co-worker while you receive comp, such as a refinery contractor or the maker of a faulty boiler. If you do not sue within 260 days, the employer or its carrier may. After the expenses of recovery are deducted, the money first reimburses the employer or carrier for comp it paid, and the balance counts as an advance on future comp.

Burn centers in Delaware

No Delaware burn center appears in the American Burn Association directory. The ABA-verified centers in Maryland:

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

The ABA-verified centers in Pennsylvania:

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

Who may be liable for a burn

Start with who controlled the risk. A landlord or hotel may be responsible for a water heater set too hot. A contractor at a plant can answer for a work burn even though the employer is protected by comp. Makers of space heaters and e-bike batteries can be liable for defects, a utility may share fault after a gas line failure, and a coffee shop can be at fault for a drink served too hot.

How Beverly Law helps in Delaware

Beverly Law is a firm based in California, with attorneys licensed in California and Washington. For burns that happen in Delaware, the firm works with Delaware-licensed attorneys through its referral network. Start with a free case review, which usually connects you with a burn injury attorney licensed in Delaware within one business day.

Related pages

• Burn injury lawyer · Burn injury law by state · Burn centers · Maryland burn injury law · Pennsylvania burn injury law

This page is general information about Delaware law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Delaware 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.