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By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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What to do after a burn in Louisiana
Louisiana has two ABA-verified burn centers, University Medical Center in New Orleans and Our Lady of Lourdes in Lafayette, and both are verified for adults. The ABA also lists centers in Baton Rouge and Shreveport (not verified). For a child, ask the treating doctor where to go.
Keep the pot, fryer part, lighter or appliance. Photograph the wound on a regular schedule. Write down names of witnesses and employees, and ask the business in writing to keep its video. Let a lawyer review any release or recorded statement an insurer asks for.
The Louisiana State Bar Association’s Lawyer Referral and Information page currently points only to the Lafayette Bar Association’s online lawyer directory (LSBA).
The deadline to file in Louisiana
Delictual (tort) actions are subject to a liberative prescription of two years, which runs from the day the injury or damage is sustained (La. Civil Code art. 3493.1). That article came from Act 423 of 2024, effective July 1, 2024, and it applies to delictual actions arising after that date (Act 423). Injuries before then stay under the old one-year period of former article 3492, which has been repealed.
Louisiana courts also apply the doctrine of contra non valentem. Prescription does not run where the cause of action is neither known nor reasonably knowable by the plaintiff (Marin v. Exxon Mobil Corp., 48 So. 3d 234 (La. 2010)). Don’t count on it; plan around the two years.
Suits against public bodies carry a rule that catches people after filing. When you sue the state, a state agency or a political subdivision, or one of its officers or employees, you must request service of citation within 90 days of starting the action. Otherwise the action is dismissed without prejudice as to that defendant (La. R.S. 13:5107(D)).
How fault works in Louisiana
Since January 1, 2026, under article 2323(A)(2) as amended by Act 15 of 2025 (HB 431), a person whose share of the negligence is 51% or more cannot recover damages (La. Civil Code art. 2323; Act 15). Before that date, Louisiana used pure comparative fault. If your burn happened before 2026, ask a Louisiana lawyer which rule applies.
Here is a 2026 example. A diner at a seafood restaurant is scalded when a server tips over a pot of boiling water. The jury values the harm at $100,000 and finds the diner 30% at fault for standing up into the server’s path. The diner recovers $70,000. At 50%, the diner would still recover half. At 51%, nothing.
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Damages and caps in Louisiana
Louisiana allows punitive damages only where a statute expressly authorizes them (Ross v. Conoco, Inc., 828 So. 2d 546 (La. 2002)). One example is Civil Code article 2315.4, for injuries caused by an intoxicated driver acting with wanton or reckless disregard (art. 2315.4). There is no general punitive standard or cap.
Medical malpractice has a set cap:
| Rule | Amount |
|---|---|
| Total for all malpractice claims against qualified providers, plus interest and costs, excluding future medical care | $500,000 |
| A qualified provider’s own liability | $100,000, with the excess paid by the Patient’s Compensation Fund |
| Inflation adjustment | None in the statute |
Source: La. R.S. 40:1231.2(B)(1).
Burns at work in Louisiana
Workers’ compensation is the exclusive remedy against the employer, and that protection extends to officers, co-employees and principals, except for intentional acts (La. R.S. 23:1032(A)-(B)).
An employee may also sue a “third person” outside that immunity, such as an outside maintenance contractor who opens the wrong valve at a plant (La. R.S. 23:1101(A)). The employer or insurer can sue to recover the comp it paid (23:1101(B)). Its claim for comp actually paid takes precedence over the worker’s recovery, often called “first dollar,” and it gets a credit against future comp (La. R.S. 23:1103).
Burn centers in Louisiana
The ABA directory lists four burn centers in Louisiana. Two are ABA-verified, both for adults. The centers in Baton Rouge and Shreveport are listed by the ABA (not verified).
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| Burn Center at University Medical Center, ABA-verified | New Orleans | 2000 Canal St Ofc 313172, New Orleans, LA 70112 | (504) 702-2876 | Adult |
| Our Lady of Lourdes Burn Center, ABA-verified | Lafayette | 4801 Ambassador Caffery Pkwy, Lafayette, LA 70508 | (337) 470-2603 | Adult |
| Baton Rouge General Burn Center, listed by the ABA (not verified) | Baton Rouge | 8585 Picardy Ave, Baton Rouge, LA 70809 | (225) 387-7715 | Adult & Pediatric |
| LSU Health Burn Center, listed by the ABA (not verified) | Shreveport | 1541 Kings Hwy, Shreveport, LA 71103 | (318) 626-0000 | Adult & Pediatric |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
Who may be liable for a burn
Look at who controlled the heat. A restaurant chooses how hot it holds coffee and frying oil. A landlord or property owner keeps up the wiring and gas lines. On an industrial site, a contractor who is not your employer can be a defendant, and a manufacturer can answer for a defective valve or heater. Utilities come in when a gas leak is involved.
How Beverly Law helps in Louisiana
Beverly Law is a California firm, and its attorneys are licensed in California and Washington. For burns that happen in Louisiana, the firm works with Louisiana-licensed attorneys through its referral network. A free case review connects you with a Louisiana-licensed burn injury attorney, usually within one business day.
Related pages
- Burn injury lawyer · Burn injury law by state · Burn centers · Texas burn injury lawyer · Mississippi burn injury lawyer
This page is general information about Louisiana law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Louisiana can tell you how they apply to your case.
Common questions
How long do I have to file a burn lawsuit in Louisiana?
For tort claims arising after July 1, 2024, two years from the day of injury under La. Civil Code art. 3493.1. Injuries before that date stay under the old one-year period. If you sue a public body, request service within 90 days of filing under R.S. 13:5107(D).
What changed in Louisiana's fault rule in 2026?
As of January 1, 2026, a person 51% or more at fault cannot recover, under amended art. 2323(A)(2). Before then, Louisiana used pure comparative fault. If your burn happened before 2026, ask a Louisiana lawyer which version applies to your claim.
Can I get punitive damages for a burn in Louisiana?
Only when a statute expressly allows them, under Ross v. Conoco. Article 2315.4 is one, for injuries caused by an intoxicated driver acting with wanton or reckless disregard. Louisiana has no general punitive standard or cap.
Is there a cap on medical malpractice damages in Louisiana?
Yes. Total recovery against qualified providers is capped at $500,000 plus interest and costs, not counting future medical care, under R.S. 40:1231.2(B)(1). A qualified provider’s own share is capped at $100,000, and the Patient’s Compensation Fund pays the excess.
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Burn injury lawyer — Beverly Law
Burned in Louisiana because of someone else? A free case review connects you with a burn injury attorney licensed in Louisiana, usually within one business day.
Related pages
Sources
- legis.la.gov/Legis/Law.aspx
- legis.la.gov/Legis/Law.aspx
- lsba.org/Public/LawyerReferral.aspx
- legis.la.gov/legis/ViewDocument.aspx
- courtlistener.com/opinion/2536409/marin-v-exxon-mobil-corp/
- legis.la.gov/Legis/Law.aspx
- legis.la.gov/legis/ViewDocument.aspx
- courtlistener.com/opinion/1132534/ross-v-conoco-inc/
- legis.la.gov/Legis/Law.aspx
- legis.la.gov/Legis/Law.aspx
- legis.la.gov/Legis/Law.aspx
- legis.la.gov/Legis/Law.aspx
- legis.la.gov/Legis/Law.aspx
- ameriburn.org/burn-care-team/resources/burn-centers/burn-center-at-univer
- ameriburn.org/burn-care-team/resources/burn-centers/our-lady-of-lourdes-b
- ameriburn.org/burn-care-team/resources/burn-centers/baton-rouge-general-b
- ameriburn.org/burn-care-team/resources/burn-centers/lsu-health-burn-cente
- ameriburn.org/burn-care-team/resources/find-a-burn-center
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.