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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 Missouri
Start with the hospital. Missouri has no ABA-verified burn center, so ask the treating doctors whether you should be transferred to a verified center in a neighboring state (listed below).
Next, think like an investigator. Keep the item that burned you, such as a fuel can or battery pack, photograph the scene, and ask the business in writing to keep its video. A short daily journal of pain and missed work helps later.
The Division of Fire Safety posts annual NFIRS summary reports from 1998 to 2025 on its Fire Incident Reporting page. To look up a lawyer, The Missouri Bar offers a public directory called LawyerSearch.
The deadline to file in Missouri
The five-year period comes from RSMo § 516.120(4), which covers injury to the person not arising on contract. A medical malpractice claim is different: it must be brought within two years from the act of neglect under § 516.105.
Missouri writes its accrual rule into statute. Under RSMo § 516.100, a claim accrues not when the wrong is done but when the damage is sustained and is capable of ascertainment. Malpractice claims have only narrow discovery provisions, for foreign objects and failure to report test results (§ 516.105).
Missouri’s sovereign immunity waiver statutes (§ 537.600 and § 537.610) contain no general notice-of-claim prerequisite. But for an injury from a defective street, sidewalk, bridge or thoroughfare, cities of the third class, cities of the fourth class and cities of 100,000 or more require written notice to the mayor within 90 days (RSMo § 82.210; § 77.600; § 79.480). Public-entity liability is capped and indexed under § 537.610, and punitive damages are not available against a public entity.
How fault works in Missouri
Missouri uses pure comparative fault. The Missouri Supreme Court adopted it for negligence cases in Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983), and the legislature codified it for products liability in RSMo § 537.765. There is no cutoff percentage. Your damages are reduced by your share, whatever it is.
An example: a man refuels a portable generator while it is still running, and the fuel ignites. In his products case, the jury finds him 70% at fault and the maker 30% for a weak warning label. He still recovers 30% of his damages.
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Damages and caps in Missouri
| Rule | Missouri law | Source |
|---|---|---|
| Punitive damages standard | Clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with deliberate and flagrant disregard for the safety of others | § 510.261 |
| Punitive damages cap | The greater of $500,000 or 5x the net judgment; does not apply if the defendant pleads guilty to or is convicted of a related felony | § 510.265 |
| Medical malpractice noneconomic cap | $400,000, or $700,000 for catastrophic personal injury or death (2015 base amounts), each increased 1.7% every January 1 | § 538.210 |
Two decisions shape these caps. In Lewellen v. Franklin, 441 S.W.3d 136 (Mo. banc 2014), the Missouri Supreme Court held that applying the punitive cap in a cause of action that existed at common law in 1820 violates the right to a jury trial. An earlier malpractice cap was struck down in Watts v. Lester E. Cox Med. Ctrs., 376 S.W.3d 633 (Mo. banc 2012), and the 2015 law replaced the common-law claim with a statutory cause of action (§ 538.210). The director of the Department of Commerce and Insurance calculates the current malpractice figures, and the Secretary of State publishes them in the Missouri Register.
Burns at work in Missouri
For a compensable injury, employers and co-employees are released from all other liability, and the workers’ compensation remedies are exclusive (RSMo § 287.120). The statute keeps one door open: a co-employee is not released if he engaged in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury.
When a third person is liable, such as the company that serviced a boiler, the employer is subrogated to the employee’s rights against that person (RSMo § 287.150). The recovery is divided after a proportionate share of expenses and attorney fees, and the employee’s share is credited against future compensation.
Burn centers in Missouri
The ABA directory lists four burn centers in Missouri, and none of them is ABA-verified.
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| Burn Services at Research Medical Center, listed by the ABA (not verified) | Kansas City | 2316 E Meyer Blvd, Kansas City, MO 64132 | (816) 276-4325 | Adult |
| Children’s Mercy Kansas City Burn Center, listed by the ABA (not verified) | Kansas City | 2401 Gillham Rd, Kansas City, MO 64108 | (816) 983-6917 | Pediatric |
| Mercy Burn Center – Springfield, listed by the ABA (not verified) | Springfield | 1235 E Cherokee Street # 7H, Springfield, MO 65804 | (417) 820-2910 | Adult & Pediatric |
| Mercy Burn Center – St. Louis, listed by the ABA (not verified) | Saint Louis | 615 S New Ballas Rd, Saint Louis, MO 63141 | (314) 251-6055 | Adult & Pediatric |
The ABA lists these verified centers in neighboring Illinois and Kansas:
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| Loyola Burn Center, ABA-verified | Maywood, IL | 2160 S 1st Ave Rm 1730, Maywood, IL 60153 | (888) 584-7888 | Adult & Pediatric |
| University of Chicago Burn Center, ABA-verified | Chicago, IL | 5700 S Maryland Ave, Mc 5082, Chicago, IL 60637 | (773) 702-6302 | Adult & Pediatric |
| Ascension Via Christi Regional Burn Center, ABA-verified | Wichita, KS | 929 N St Francis, Wichita, KS 67214 | (316) 268-5388 | Adult & Pediatric |
| The University of Kansas Health System Burnett Burn Center, ABA-verified | Kansas City, KS | 4000 Cambridge St, Kansas City, KS 66160 | (913) 588-1227 | Adult |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
Who may be liable for a burn
Most burns happen at home. The ABA reports that 61% of burn incidents occur at private residences and that scalds make up 58% of pediatric burn center cases (ABA fact sheet). So a landlord who ignores a faulty water heater can be part of the picture. Outside the home, look at a contractor on your employer’s job site, the maker of a defective appliance or battery, a utility after a gas line failure, and a restaurant that served a drink scalding hot.
How Beverly Law helps in Missouri
Beverly Law, a California firm, has attorneys licensed in California and Washington. For a burn suffered in Missouri, the firm works with licensed Missouri attorneys in its referral network. A free case review is the first step, and it usually puts you in touch with a Missouri-licensed burn injury attorney within one business day.
Related pages
This page is general information about Missouri law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Missouri can tell you how they apply to your case.
Common questions
How long do I have to sue for a burn in Missouri?
Five years for most personal injuries under RSMo § 516.120, counted from when the damage is sustained and capable of ascertainment. Medical malpractice claims have two years from the act of neglect. If the burn came from a defective city street or sidewalk, some cities require notice to the mayor within 90 days.
Can I recover if the burn was mostly my fault?
Yes. Missouri’s pure comparative fault rule has no cutoff, so even a person found 80% at fault can recover the remaining 20% from the others (§ 537.765). The jury reduces your damages by your percentage of fault.
Are there ABA-verified burn centers in Missouri?
No. The ABA directory lists four Missouri centers, in Kansas City, Springfield and St. Louis, and none is verified. This page lists verified centers in neighboring states: Kansas City and Wichita, Kansas, and Chicago and Maywood, Illinois.
Can I get punitive damages for a burn in Missouri?
Only with clear and convincing evidence that the defendant intentionally harmed you without just cause or acted with deliberate and flagrant disregard for others’ safety, under § 510.261. A statutory cap applies in many cases, and punitive damages are not available against public entities.
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Burn injury lawyer — Beverly Law
Burned in Missouri because of someone else? A free case review connects you with a burn injury attorney licensed in Missouri, usually within one business day.
Related pages
Sources
- revisor.mo.gov/main/OneSection.aspx
- revisor.mo.gov/main/OneSection.aspx
- dfs.dps.mo.gov/programs/resources/fire-incident-reporting-system.php
- mobar.org/public/LawyerSearch.aspx
- revisor.mo.gov/main/OneSection.aspx
- revisor.mo.gov/main/OneSection.aspx
- revisor.mo.gov/main/OneSection.aspx
- revisor.mo.gov/main/OneSection.aspx
- revisor.mo.gov/main/OneSection.aspx
- revisor.mo.gov/main/OneSection.aspx
- revisor.mo.gov/main/OneSection.aspx
- static.case.law/sw2d/661/cases/0011-01.json
- static.case.law/sw3d/441/cases/0136-01.json
- static.case.law/sw3d/376/cases/0633-01.json
- revisor.mo.gov/main/OneSection.aspx
- revisor.mo.gov/main/OneSection.aspx
- revisor.mo.gov/main/OneSection.aspx
- revisor.mo.gov/main/OneSection.aspx
- revisor.mo.gov/main/OneSection.aspx
- ameriburn.org/burn-care-team/resources/burn-centers/the-grossman-burn-cen
- ameriburn.org/burn-care-team/resources/burn-centers/children-s-mercy-kans
- ameriburn.org/burn-care-team/resources/burn-centers/mercy-burn-center-spr
- ameriburn.org/burn-care-team/resources/burn-centers/mercy-burn-center-st-
- ameriburn.org/burn-care-team/resources/burn-centers/loyola-burn-center-ma
- ameriburn.org/burn-care-team/resources/burn-centers/university-of-chicago
- ameriburn.org/burn-care-team/resources/burn-centers/ascension-via-christi
- ameriburn.org/burn-care-team/resources/burn-centers/the-university-of-kan
- ameriburn.org/burn-care-team/resources/find-a-burn-center
- ameriburn.org/resources/burn-incidence-fact-sheet/
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.
