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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 New York
A second-degree burn reaches part of the dermis, the layer under the outer skin, and looks red and blistered (Cedars-Sinai). The American Burn Association calls for immediate burn center consultation for every suspected inhalation injury, and says all burned children may benefit from referral (ABA referral guidelines). New York’s ABA-listed centers are in the table below.
Once the patient is safe, keep the heater, appliance or cup that caused the burn, and take dated photos of the injury and the scene. Get the names of the building super and any witnesses. Talk to a lawyer before you speak with the other side’s insurer.
The state’s Fire Incident Reporting System page posts only 2018 structure fire data and a call summary (NYS DHSES), so ask the responding fire department for its own report.
The deadline to file in New York
An action to recover damages for a personal injury must be commenced within three years under CPLR 214(5) (CPLR 214). New York has no general discovery rule, so the period runs from the injury. The statutory exception is CPLR 214-c: an injury caused by the latent effects of exposure to a substance runs from the date of discovery, or from when it should have been discovered with reasonable diligence, whichever is earlier (CPLR 214-c). Medical malpractice follows CPLR 214-a (2.5 years, with foreign-object and cancer misdiagnosis provisions).
Claims against public bodies move much faster:
- Cities, counties, towns, school districts and other public corporations: a notice of claim within 90 days after the claim arises (GML 50-e(1)(a)), then suit within 1 year and 90 days (GML 50-i).
- The State of New York: a claim, or a notice of intention to file one, served on the Attorney General within 90 days of accrual. If you serve a notice of intention, the claim itself must be filed within 2 years (Court of Claims Act § 10).
How fault works in New York
New York follows pure comparative fault for most personal injury cases, including premises and product burn cases (CPLR 1411(a)). Your own share of fault lowers the award but does not erase it.
Say a tenant is burned on an uncovered steam pipe, and the landlord argues she knew it was hot. Even at 60% fault, she still recovers 40% of her damages.
Car crashes are now different. Chapter 58 of the Laws of 2026 (S.9008-C/A.10008-C, Part EE), signed May 26, 2026, added CPLR 1411(b) (bill text). In personal injury actions subject to Insurance Law article 51, the motor vehicle no-fault article, a claimant more than 50% at fault is now barred. It applies to actions commenced on or after that date.
Free burn injury case review
Tell us what happened. A free case review connects you with a burn injury attorney licensed in your state, usually within one business day.
Damages and caps in New York
Punitive damages in New York come from case law. In Ross v. Louise Wise Services, Inc. (2007), the Court of Appeals said the conduct must show a high degree of moral turpitude and such wanton dishonesty as to imply a criminal indifference to civil obligations. The misconduct must be exceptional, as when the wrongdoer acted maliciously, wantonly, or with a recklessness that betokens an improper motive or vindictiveness (Ross v. Louise Wise Services).
Burns at work in New York
Under Workers’ Compensation Law § 11, the employer’s liability is exclusive and takes the place of any other liability to the worker (WCL § 11). The exception is an employer that fails to secure compensation, which the worker may then sue. Section 11 also limits third-party contribution or indemnity claims against the employer to “grave injury” cases or a prior written contract.
A worker hurt by the negligence of someone outside the same employ can take comp and also sue that party under WCL § 29(1) (WCL § 29). Think of a tradesperson burned by a gas line another contractor left open. The comp carrier, or the State Insurance Fund, gets a lien on the recovery for comp and medical it paid, after deduction of litigation costs, including attorney’s fees.
Burn centers in New York
The ABA directory lists ten burn centers in New York. Four are ABA-verified, and six are listed by the ABA without verification.
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| Burn Center at Westchester Medical Center (ABA-verified) | Valhalla | 100 Woods Rd, Burn Center, Macy Pavilion, Valhalla, NY 10595 | (914) 493-8680 | Adult & Pediatric |
| Clark Burn Center (ABA-verified) | Syracuse | 750 E Adams St, Syracuse, NY 13210 | (315) 464-1800 | Adult & Pediatric |
| Kessler Burn Center (ABA-verified) | Rochester | 601 Elmwood Ave # 661, Rochester, NY 14642 | (585) 275-2876 | Adult & Pediatric |
| William Randolph Hearst Burn Center (ABA-verified) | New York | 525 E 68th St, New York, NY 10065 | (212) 746-0328 | Adult & Pediatric |
| Harlem Burn Center, listed by the ABA (not verified) | New York | 506 Malcolm X Blvd, New York, NY 10037 | (844) 692-4692 | Adult & Pediatric |
| Jacobi Burn Center, listed by the ABA (not verified) | Bronx | 1400 Pelham Pkwy S, Bronx, NY 10461 | (844) 692-4692 | Adult & Pediatric |
| Jerome L. Finkelstein, MD, Regional Burn Center, listed by the ABA (not verified) | Staten Island | 475 Seaview Ave, Staten Island, NY 10305 | (718) 226-1506 | Adult & Pediatric |
| Nassau County Firefighters Burn Center, listed by the ABA (not verified) | East Meadow | 2201 Hempstead Tpke, East Meadow, NY 11554 | (516) 572-3207 | Adult & Pediatric |
| Roger W. Seibel MD Burn Treatment Center, listed by the ABA (not verified) | Buffalo | 462 Grider St, Buffalo, NY 14215 | (716) 898-5231 | Adult |
| Suffolk County Volunteer Firefighters Burn Center, listed by the ABA (not verified) | Stony Brook | Suny at Stony Brook, 101 Nicolls Rd., Stony Brook, NY 11794 | (631) 638-2876 | Adult & Pediatric |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
Who may be liable for a burn
Liability follows control. A building owner may answer for scalding tap water or exposed steam pipes, and a contractor sharing a site with your employer for a torch it handled. A manufacturer may answer for a battery that failed. Utilities can be responsible for gas leaks, and restaurants for drinks served too hot to hold. Hot water does not need to boil to hurt: the Consumer Product Safety Commission says even 120°F water can cause third-degree burns after five minutes (CPSC).
How Beverly Law helps in New York
Beverly Law is a California firm, and its attorneys hold licenses in California and Washington. For a burn injury in New York, the firm works with New York-licensed attorneys through its referral network. A free case review connects you with a burn injury attorney licensed in New York, usually within one business day.
Related pages
- Burn injury lawyer · Burn injury law by state · Burn centers · New Jersey burn injury law · Pennsylvania burn injury law
This page is general information about New York law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in New York can tell you how they apply to your case.
Common questions
What is the 90-day notice of claim in New York?
When a city, county, town, school district or other public corporation may be responsible, General Municipal Law 50-e requires a notice of claim within 90 days after the claim arises, and suit within 1 year and 90 days. State claims go to the Attorney General within 90 days.
My car caught fire after a crash. Does pure comparative fault apply?
Maybe not. For personal injury actions subject to the no-fault article of the Insurance Law and commenced on or after May 26, 2026, CPLR 1411(b) bars a claimant who is more than 50% at fault. Most premises and product burn cases stay under pure comparative fault.
My chemical burn symptoms showed up later. When does the clock start?
Usually on the day of the injury. CPLR 214-c is the exception for injuries caused by the latent effects of exposure to a substance: the three years then run from discovery, or from when you should have discovered the injury with reasonable diligence, whichever comes first.
How do I find a lawyer referral service in New York?
The New York State Bar Association runs a Lawyer Referral and Information Service for the public. If a public body may be involved, call early, since the 90-day notice can pass before a burn heals.
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Burn injury lawyer — Beverly Law
Burned in New York because of someone else? A free case review connects you with a burn injury attorney licensed in New York, usually within one business day.
Related pages
Sources
- nysenate.gov/legislation/laws/CVP/214
- nysenate.gov/legislation/laws/CVP/214-C
- nysenate.gov/legislation/laws/GMU/50-E
- nysenate.gov/legislation/laws/GMU/50-I
- nysenate.gov/legislation/laws/CTC/10
- nysenate.gov/legislation/laws/CVP/1411
- nysenate.gov/legislation/bills/2025/S9008/amendment/C
- courtlistener.com/opinion/2032322/ross-v-louise-wise-services-inc/
- nysenate.gov/legislation/laws/WKC/11
- nysenate.gov/legislation/laws/WKC/29
- dhses.ny.gov/fire-incident-reporting-system-statistical-information
- nysba.org/new-york-state-bar-association-lawyer-referral-service/
- ameriburn.org/burnreferral
- cedars-sinai.org/health-topics/classification-of-burns
- cpsc.gov/s3fs-public/5098-Tap-Water-Scalds.pdf
- ameriburn.org/burn-care-team/resources/find-a-burn-center
- ameriburn.org/burn-care-team/resources/burn-centers/burn-center-at-westch
- ameriburn.org/burn-care-team/resources/burn-centers/clark-burn-center-syr
- ameriburn.org/burn-care-team/resources/burn-centers/kessler-burn-center-r
- ameriburn.org/burn-care-team/resources/burn-centers/william-randolph-hear
- ameriburn.org/burn-care-team/resources/burn-centers/harlem-burn-center-ne
- ameriburn.org/burn-care-team/resources/burn-centers/jacobi-burn-center-br
- ameriburn.org/burn-care-team/resources/burn-centers/jerome-l-finkelstein-
- ameriburn.org/burn-care-team/resources/burn-centers/nassau-county-firefig
- ameriburn.org/burn-care-team/resources/burn-centers/roger-w-seibel-md-bur
- ameriburn.org/burn-care-team/resources/burn-centers/suffolk-county-volunt
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.
