Idaho 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 Idaho

Scalds happen in seconds. The American Burn Association’s scald table shows water at 133°F causing a third-degree burn in 15 seconds, and water at 127°F in 1 minute (ABA guide). Get medical care right away and follow the treatment plan.

For the claim itself, hold on to the source of the burn and the clothing, and take photos of the scene and of the healing wound. Collect names of witnesses before people scatter. If the fire department came out, note which one. The Idaho State Fire Marshal, part of the Idaho Department of Insurance, posts annual reports that include NFIRS fire incident data. Avoid recorded statements to insurers until you have advice. You can also look for a lawyer through the Idaho State Bar’s Lawyer Referral Service.

The deadline to file in Idaho

An action for an injury to the person must be brought within two years (Idaho Code § 5-219(4)). Idaho has no general discovery rule. The claim accrues at the time of the occurrence, act or omission complained of.

Under the same subsection, only two statutory exceptions start the clock on discovery (§ 5-219(4)): a foreign object left in the body, and fraudulent concealment in a professional or commercial relationship. Those claims have 1 year from accrual or 2 years from the act, whichever is later.

Claims against the government go through the Idaho Tort Claims Act. You must present a written claim within 180 days from the date the claim arose or reasonably should have been discovered, whichever is later (§ 6-906). Claims against the State go to the Secretary of State under § 6-905. Claims against a city, county or other political subdivision go to its clerk or secretary under § 6-906.

How fault works in Idaho

Idaho uses modified comparative fault. Your negligence does not bar recovery if it was not as great as the negligence or comparative responsibility of the person you are suing (§ 6-801). At 50% or more, the claim is barred.

Imagine a hot springs resort where a valve fails and scalding water pours into a soaking pool. A guest who ignored a posted temperature sign gets in and is burned. The resort will blame the guest. If the jury rates the guest’s fault below the resort’s, the guest recovers, reduced by that share. If the jury puts the two at even, the guest recovers nothing.

Damages and caps in Idaho

Idaho has a general cap on noneconomic damages in personal injury cases, and it covers medical malpractice too (§ 6-1603). The base amount is $250,000, adjusted every July 1 since 2004 by the Industrial Commission’s average annual wage change. The cap does not apply to willful or reckless misconduct or to felony conduct.

Punitive damages follow § 6-1604:

Burns at work in Idaho

An employer’s liability under Idaho workers’ comp is exclusive (§ 72-209(1)). Subsection (3) makes an exception for injury caused by the willful or unprovoked physical aggression of the employer or its agents. That must be shown by clear and convincing evidence of a specific intent to harm, or of knowledge that injury or death was substantially likely.

You may also sue a liable third party, as long as it is not the employer or certain statutory employers or owners (§ 72-223). Picture a propane supplier that overfilled a tank at a potato processing plant. Once comp is claimed and awarded, the employer is subrogated to the extent of its comp liability. It pays a proportionate share of fees and costs and takes a credit against future benefits.

Burn centers in Idaho

The ABA directory lists one Idaho burn center, in Idaho Falls, and it is ABA-verified. The directory lists it for adult and pediatric patients; its verification is listed for adults.

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

Who may be liable for a burn

Ask who had control. An owner who let a rental’s wiring decay, or a contractor that ran a torch near dry brush at a work site, may share the blame. A manufacturer can be on the hook for a defective space heater or e-bike battery. A utility may be involved when a line or meter fails. A restaurant may be responsible if a server spills hot soup or coffee on a customer.

How Beverly Law helps in Idaho

Beverly Law is a California firm, with attorneys licensed in California and Washington. For burn injuries in Idaho, it works with attorneys licensed in Idaho through its referral network. A free case review connects you with an Idaho-licensed burn injury attorney, usually within one business day.

Related pages

• Burn injury lawyer · Burn injury law by state · Burn centers · Washington burn injury law · Utah burn injury law

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