Minnesota 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 Minnesota

Minnesota’s two ABA-verified burn centers, Hennepin Healthcare in Minneapolis and Regions Hospital in Saint Paul, treat adults and children. Second-degree burns tend to be red and blistered and may swell, while third-degree burns can look white or charred (Cedars-Sinai).

After treatment, keep the object or appliance that burned you and leave it unrepaired. Take dated photos of the wound. Get the names of anyone who saw what happened and ask the property owner, in writing, to save any video. Wait to give an insurer a statement until you have talked with a Minnesota lawyer.

Minnesota Lawyer Referral, linked from the Minnesota State Bar Association’s public page, serves the Twin Cities and the surrounding metro area (Minnesota Lawyer Referral). The MSBA also runs a directory called MN-Find-a-Lawyer. The State Fire Marshal’s statistics page tracks fire deaths and links to the annual Fire in Minnesota report (State Fire Marshal).

The deadline to file in Minnesota

A negligence claim for injury to the person, not arising on contract, has six years under Minn. Stat. 541.05, subd. 1(5). Two shorter periods can apply. Intentional torts such as assault and battery have two years (Minn. Stat. 541.07), and medical malpractice has four (Minn. Stat. 541.076).

Six years can create false comfort, because Minnesota has no general discovery rule. The Minnesota Supreme Court uses a “damage” rule: the claim accrues when some injury or damage from the negligent act actually occurs, whether or not you know about it yet (MacRae v. Group Health Plan, Inc., No. A06-1982 (Minn. July 31, 2008)). For a scald or a flash fire, the burn and the damage happen together.

Notice to a municipality goes to its governing body within 180 days after the loss or injury is discovered, and it must state the time, place and circumstances (Minn. Stat. 466.05). For the state, notice goes to the attorney general, or to the University of Minnesota’s designated attorney, within 180 days after discovery (Minn. Stat. 3.736, subd. 5).

How fault works in Minnesota

Minnesota uses modified comparative fault with a 51% bar. Your fault does not bar recovery if it was not greater than the fault of the person you are suing (Minn. Stat. 604.01, subd. 1). Above 50%, you are barred.

Take a tenant scalded in the shower after a landlord turned the water heater up. The CPSC says most adults suffer third-degree burns from 150°F water in two seconds (CPSC). Suppose a jury values the tenant’s harm at $90,000 and finds the landlord 60% at fault and the tenant 40% at fault for not testing the water. The tenant recovers $54,000. At an even 50-50 split the tenant still recovers half, $45,000. At 51%, nothing.

Damages and caps in Minnesota

Punitive damages require clear and convincing evidence that the defendant acted with deliberate disregard for the rights or safety of others (Minn. Stat. 549.20, subd. 1). They cannot be requested when the case is filed. The plaintiff has to move to amend the complaint and support the motion with affidavits (Minn. Stat. 549.191).

Section 549.20 sets no dollar cap on punitive damages. The court reviews the award under subdivision 5 of that statute (Minn. Stat. 549.20).

Burns at work in Minnesota

An employer’s liability under Minnesota’s workers’ compensation chapter is exclusive and takes the place of any other liability to the employee (Minn. Stat. 176.031). An uninsured employer may be sued at law. The statute has no express exception for intentional injury.

You may also sue a party other than the employer, such as the maker of a forklift battery that exploded (Minn. Stat. 176.061). The employer or insurer is subrogated to that claim, or has a right of indemnity. Under subdivision 6, the costs of collection come out first, then one-third of the remainder goes to the employee free of subrogation. Any judgment is subject to the employer’s lien under subdivision 8a.

Burn centers in Minnesota

Minnesota has two burn centers in the ABA directory, and both are ABA-verified to treat adults and children.

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

Who may be liable for a burn

Look past the obvious defendant. Landlords answer for the water heaters and gas appliances they control. A contractor on your job site is a separate company from your employer. Product makers can be responsible for a defective heater or battery, and gas utilities or propane dealers for a leak. Restaurants and coffee shops face claims when a drink is served too hot.

How Beverly Law helps in Minnesota

Beverly Law is based in California, and its attorneys hold licenses in California and Washington. When a burn happens in Minnesota, the firm works through its referral network with attorneys licensed in Minnesota. A free case review puts you in touch with a Minnesota-licensed burn injury attorney, usually within one business day.

Related pages

• Burn injury lawyer · Burn injury law by state · Burn centers · Wisconsin burn injury lawyer · Iowa burn injury lawyer

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