Kentucky 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 Kentucky

Kentucky has no ABA-verified burn center. The only center the ABA lists in the state is the University of Louisville Burn Center, an adult center listed by the ABA (not verified). Verified centers in neighboring Tennessee and Ohio, including several that treat children, are listed further down.

Scalds account for 58% of pediatric burn center cases (ABA fact sheet), so a scalded child needs prompt care. Ask the treating doctor whether a transfer makes sense.

With only a year on the clock, start building the file right away. Keep the product, the container and your clothing. Take photos of the injury each week. Collect the names of witnesses, and ask the business or landlord in writing to keep its video.

The Kentucky Bar Association’s Lawyer Referral Services page lists the Central Kentucky, Kentucky, and Northern Kentucky Bar Association referral services. The KBA notes that none of them is KBA-affiliated (KBA).

The deadline to file in Kentucky

An action for an injury to the person must be filed within one year after the cause of action accrued (KRS 413.140(1)(a), in the version effective July 15, 2026). A motor vehicle tort claim under the Motor Vehicle Reparations Act has two years after the injury or the last no-fault (PIP) payment, whichever is later (KRS 304.39-230(6)). That rule can apply when a crash leads to a fire.

Kentucky has two discovery rules worth knowing. Medical malpractice accrues when the injury is or should have been discovered, with a five-year outer limit (KRS 413.140(2)). For latent disease caused by exposure to a harmful substance, the claim accrues when the plaintiff knew or should have known of the injury and that the defendant’s conduct may have caused it (Louisville Trust Co. v. Johns-Manville Products Corp.).

Negligence claims against the state go to the Board of Claims within one year after accrual. A personal injury claim accrues on discovery, with a two-year outer limit (KRS 49.120). Board of Claims awards are capped at $250,000 per claim and $400,000 per act (KRS 49.040). For injuries from defective city streets, sidewalks, bridges and other thoroughfares, written notice must go to the mayor, city clerk or clerk of the board of aldermen within 90 days (KRS 411.110).

How fault works in Kentucky

In Hilen v. Hays, 673 S.W.2d 713 (Ky. 1984), the Kentucky Supreme Court replaced contributory negligence with comparative negligence. Kentucky’s rule is pure comparative fault, and fault allocation is now codified at KRS 411.182. There is no cutoff percentage.

Picture a homeowner burned when a gas technician’s repair fails, after the homeowner ignored a gas smell for a day. A jury sets damages at $150,000 and assigns 60% of the fault to the homeowner and 40% to the technician’s company. The homeowner still recovers $60,000.

Damages and caps in Kentucky

Punitive damages require clear and convincing proof that the defendant acted with oppression, fraud or malice (KRS 411.184(2)). The statute’s narrow definition of malice in 411.184(1)(c) was held unconstitutional, and the common-law gross negligence standard applies instead (Williams v. Wilson, 972 S.W.2d 260 (Ky. 1998)).

Burns at work in Kentucky

An employer’s workers’ compensation liability is exclusive and takes the place of all other liability to the employee (KRS 342.690(1)). There is one exception. If the injury or death came through the employer’s “deliberate intention” to produce it, the worker may sue at law instead (KRS 342.610(5)).

You may claim comp and also sue a third party, such as the maker of a defective welding torch, though you cannot collect from both (KRS 342.700(1)). The employer, insurer or special fund may recover the comp and medical expenses it paid, less a pro rata share of your legal fees.

Burn centers in Kentucky

Kentucky has no ABA-verified burn center. The ABA lists one center in the state:

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

These are the ABA-verified centers in the two neighbor states.

Tennessee:

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

Ohio:

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

Who may be liable for a burn

A burn claim may name a landlord who let a gas line or water heater go unrepaired, or a restaurant that served a drink hot enough to scald. A contractor working on your employer’s job site can be sued separately from the employer. Product makers answer for defective heaters and batteries, and gas utilities or propane suppliers can be responsible for leaks.

How Beverly Law helps in Kentucky

Beverly Law is a California firm with attorneys licensed in California and Washington. When someone is burned in Kentucky, the firm works with attorneys licensed in Kentucky through its referral network. A free case review connects you with a Kentucky-licensed burn injury attorney, usually within one business day.

Related pages

• Burn injury lawyer · Burn injury law by state · Burn centers · Tennessee burn injury lawyer · Ohio burn injury lawyer

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