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Maryland Burn Injury Lawyer: Your Rights After a Burn

Michael Shemtoub, trial attorney, Beverly Law
Michael Shemtoub, Beverly Law
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Maryland gives you three years from the date a burn claim accrues to file suit, and a city, county or the State must get written notice within one year. The harder rule is fault. Maryland still follows contributory negligence, so if you were even slightly at fault, the claim can be barred. Get treated, and be careful what you say about how it happened until you have talked with a Maryland lawyer.

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

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What to do after a burn in Maryland

Because any fault on your part can defeat a Maryland claim, the early record matters. Tell doctors plainly what happened, and do not guess about blame in an incident report or online. Keep the item that burned you and your clothing, photograph the scene before it is cleaned, and ask in writing for camera footage to be saved.

Both Maryland centers in the ABA directory are in Baltimore. The ABA’s referral guidelines describe which burns call for burn center consultation, including full-thickness burns and all chemical injuries. For a lawyer referral, the Maryland State Bar Association’s For The Public page directs people to county bar associations.

The deadline to file in Maryland

A civil action at law must be filed within three years from the date it accrues (Cts. & Jud. Proc. § 5-101). Maryland courts apply a discovery rule to claims under that three-year statute, so the claim accrues when the wrong is discovered or, with due diligence, should have been. That rule comes from Poffenberger v. Risser, 290 Md. 631 (1981), as restated in Frederick Road Ltd. P’ship v. Brown & Sturm, 360 Md. 76 (2000).

Government claims run on a one-year notice clock:

DefendantWhat is requiredLaw
The State (Maryland Tort Claims Act)Written claim to the State Treasurer or a designee within 1 year after the injury; final denial; then suit within 3 yearsState Gov’t § 12-106
A county or city (Local Government Tort Claims Act)Written notice within 1 year after the injury, delivered in person or by certified mailCts. & Jud. Proc. § 5-304

The local notice generally goes to the county commissioners or council, but § 5-304 names the City Solicitor for Baltimore City, the County Executive for Howard and Montgomery, and the county attorney or solicitor for Anne Arundel, Baltimore, Frederick, Harford and Prince George’s.

How fault works in Maryland

Maryland applies contributory negligence. If you were negligent at all and that negligence helped cause the injury, you can be barred from recovering anything. In Coleman v. Soccer Ass’n of Columbia, 432 Md. 679 (2013), the Court of Appeals declined to abolish the rule, as it also had in Harrison v. Montgomery County Bd. of Educ., 295 Md. 442 (1983).

Picture a diner who leans toward a tabletop grill just as it flares from a gas line the restaurant knew was faulty. A jury could find the restaurant mostly responsible and the diner slightly careless for leaning in. Under contributory negligence, that small share can defeat the whole claim.

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Damages and caps in Maryland

Punitive damages require actual malice, meaning conscious and deliberate wrongdoing, proved by clear and convincing evidence. The cases are Owens-Illinois v. Zenobia, 325 Md. 420 (1992), and Hoffman v. Stamper, 385 Md. 1 (2005). Maryland’s statutory noneconomic damages cap does not cover punitive damages (Cts. & Jud. Proc. § 11-108(a)(2)(ii)).

Medical malpractice claims have their own noneconomic cap under Cts. & Jud. Proc. § 3-2A-09:

PointRule
Base amount$650,000 for causes of action arising 2005 through 2008
Yearly changeIncreases by $15,000 on January 1 of each year, beginning January 1, 2009; the increased amount applies to causes of action arising in that calendar year
Wrongful death, two or more claimantsTotal noneconomic damages may not exceed 125% of the limit

Burns at work in Maryland

The employer’s liability under the workers’ compensation law is exclusive (Lab. & Empl. § 9-509(a)). Subsection (d) creates one exception: if a worker is injured or killed because of the employer’s deliberate intent to injure or kill, the worker may either claim compensation or sue the employer.

A third party who caused the burn, like a contractor who mislabeled a chemical drum, can still be sued (Lab. & Empl. § 9-901). Under § 9-902, the employer or insurer may sue first; if it does not sue within two months after the award, the employee may. The employee’s recovery reimburses the employer or insurer for compensation and medical costs paid, after costs, and the employee keeps the balance.

Burn centers in Maryland

The ABA directory lists two Maryland burn centers. Both are ABA-verified Johns Hopkins programs in Baltimore, one for adults and one for children.

CenterCityAddressPhonePatients
Johns Hopkins Adult Burn Center, ABA-verifiedBaltimore4940 Eastern Ave, Baltimore, MD 21224(410) 550-5928Adult
Johns Hopkins Pediatric Burn Center, ABA-verifiedBaltimore1800 Orleans St, Bloomberg 7326, Baltimore, MD 21287(888) 543-2876Pediatric

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

Who may be liable for a burn

A landlord may have ignored a broken heater or scalding tap water. A contractor working beside your employer may have caused a workplace fire. The maker of a battery or gas can may answer for a product that fails, a utility for a gas leak, and a coffee shop for a drink served too hot. Coffee and tea are usually served at 160 to 180°F, according to the ABA, hot enough to cause burns almost instantly (ABA scald guide).

How Beverly Law helps in Maryland

Beverly Law is a California firm. Its lawyers hold licenses in California and Washington, and for burn injuries in Maryland it works with licensed Maryland attorneys through its referral network. Ask for a free case review to be connected with a Maryland-licensed burn injury attorney, usually within one business day.

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

Common questions

What happens if I was partly at fault for my burn in Maryland?

You may recover nothing. Maryland follows contributory negligence, which bars recovery when the injured person’s own negligence helped cause the harm. The Court of Appeals declined to abolish the rule in Coleman v. Soccer Ass’n of Columbia (2013).

How long do I have to file a burn lawsuit in Maryland?

Three years from the date the claim accrues under § 5-101, with a discovery rule for injuries found later. Claims against the State or a local government need written notice within one year after the injury.

Can I sue my employer for a burn at work in Maryland?

Generally no, because the employer’s liability under workers’ comp is exclusive under § 9-509. The exception is an injury caused by the employer’s deliberate intent to injure or kill. You can still sue a liable third party, such as an outside contractor or an equipment maker.

Where are Maryland's ABA-verified burn centers?

Both are Johns Hopkins programs in Baltimore. The Johns Hopkins Adult Burn Center on Eastern Avenue treats adults, and the Johns Hopkins Pediatric Burn Center on Orleans Street treats children. Check the ABA directory for current listings.

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Related pages

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Sources

  1. mgaleg.maryland.gov/mgawebsite/Laws/StatuteText
  2. mgaleg.maryland.gov/mgawebsite/Laws/StatuteText
  3. mdcourts.gov/data/opinions/coa/2013/9a12.pdf
  4. ameriburn.org/burnreferral
  5. msba.org/site/site/content/Resources-and-Tools-Content/For-The-Publi
  6. mdcourts.gov/data/opinions/coa/2000/93a98.pdf
  7. static.case.law/md/290/cases/0631-01.json
  8. mgaleg.maryland.gov/mgawebsite/Laws/StatuteText
  9. static.case.law/md/325/cases/0420-01.json
  10. mgaleg.maryland.gov/mgawebsite/Laws/StatuteText
  11. mgaleg.maryland.gov/mgawebsite/Laws/StatuteText
  12. mdcourts.gov/data/opinions/coa/2005/33a04.pdf
  13. mgaleg.maryland.gov/mgawebsite/Laws/StatuteText
  14. mgaleg.maryland.gov/mgawebsite/Laws/StatuteText
  15. mgaleg.maryland.gov/mgawebsite/Laws/StatuteText
  16. ameriburn.org/burn-care-team/resources/burn-centers/johns-hopkins-adult-b
  17. ameriburn.org/burn-care-team/resources/burn-centers/johns-hopkins-pediatr
  18. ameriburn.org/burn-care-team/resources/find-a-burn-center
  19. childburn.org/_files/ugd/8b77b5_86f5163b1c4f4c9a8d6cc8c3456a2d7f.pdf

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.

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