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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 Oklahoma
A third-degree burn destroys both the epidermis and the dermis, may reach the tissue beneath, and can look white or charred instead of red (Cedars-Sinai). Ask your doctors where your type of burn should be treated, since Oklahoma has no ABA-verified center, and keep every discharge paper.
Save the product, its packaging and the receipt, take photos of the scene, and write down who saw it happen. To look up Oklahoma lawyers yourself, the Oklahoma Bar Association has a “Find a Lawyer” page, a voluntary directory of attorneys that is not a referral service (OBA).
The deadline to file in Oklahoma
Under 12 O.S. § 95(A)(3), an action for injury to the rights of another that does not arise on contract must be brought within two years (title 12).
A discovery rule exists, but it is narrow. In Daugherty v. Farmers Cooperative Ass’n (Okla. 1984), the Oklahoma Supreme Court approved one for products-liability claims under the same two-year period. The clock starts once you have enough information that, if pursued, would reveal the condition and its cause.
Claims against government move faster. The Governmental Tort Claims Act requires a written claim within one year of the loss. Claims against the state are filed with the Office of the Risk Management Administrator, and claims against a political subdivision with the clerk of its governing body (51 O.S. § 156).
How fault works in Oklahoma
Oklahoma uses modified comparative fault with a 51% bar. Contributory negligence does not bar recovery unless the injured person’s negligence is greater than the combined negligence of those who caused the harm (23 O.S. § 13).
Say a shopper is burned when a propane tank vents beside a store’s demonstration grill. The jury finds the shopper 30% at fault for leaning in to light it. The shopper recovers 70% of the damages. At 60%, the claim would be barred.
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 Oklahoma
For bodily injuries on or after September 1, 2025, Oklahoma caps noneconomic damages in any civil action, regardless of the number of parties (23 O.S. § 61.3, added by Laws 2025, c. 311, § 10). The cap has no inflation adjustment and does not apply to Governmental Tort Claims Act cases. The official OSCN index lists the former § 61.2 as repealed. Punitive damages need clear and convincing evidence and come in three tiers (23 O.S. § 9.1).
| Rule | Limit |
|---|---|
| Noneconomic damages (§ 61.3) | $500,000 |
| Permanent mental injury that severely impairs the ability to work or enjoy a reasonable standard of living (§ 61.3) | $1,000,000 |
| Permanent and severe physical injury, or judge and jury find reckless disregard, gross negligence, fraud, or intentional or malicious conduct by clear and convincing evidence (§ 61.3) | No cap |
| Punitive, Category I: reckless disregard for others’ rights (§ 9.1) | Greater of $100,000 or actual damages |
| Punitive, Category II: intentional and with malice (§ 9.1) | Greatest of $500,000, twice actual damages, or the defendant’s financial gain |
| Punitive, Category III: court also finds intentional, malicious, life-threatening conduct beyond a reasonable doubt (§ 9.1) | No cap |
Burns at work in Oklahoma
The Administrative Workers’ Compensation Act is the exclusive remedy against the employer (85A O.S. § 5(A)). Section 5(C)(2) allows an intentional tort claim only when the employer acted with willful, deliberate, specific intent to cause the injury, meaning the purpose of injuring the employee.
An employee may still sue a third party under § 43(A), for example a contractor who welded near a fuel line. If the employer or carrier joins the action, § 43(B) gives it a first lien on two-thirds of the net proceeds for compensation paid or payable, after reasonable collection costs, plus its own tort right against that third party.
Burn centers in Oklahoma
The ABA directory lists two burn centers in Oklahoma.
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| Alexander Burn Center, listed by the ABA (not verified) | Tulsa | 1120 S Utica Ave, Tulsa, OK 74104 | (918) 579-4580 | Adult & Pediatric |
| Paul Silverstein Burn Center, listed by the ABA (not verified) | Oklahoma City | 3300 NW Expressway Fl 3, Oklahoma City, OK 73112 | (405) 951-8042 | Adult & Pediatric |
Oklahoma has no ABA-verified burn center. These are the verified centers in neighboring Texas and Kansas.
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| Blocker Burn Unit (ABA-verified) | Galveston, TX | 301 University Blvd, Rte 0862, Galveston, TX 77555 | (409) 772-8384 | Adult |
| Burn and Reconstructive Center at Medical City Plano (ABA-verified) | Plano, TX | 3901 W 15th St, Plano, TX 75075 | (855) 863-9595 | Adult |
| Parkland Burn Center (ABA-verified) | Dallas, TX | 5201 Harry Hines Blvd, Dallas, TX 75235 | (214) 590-2876 | Adult & Pediatric |
| Shriners Hospitals for Children – Texas (ABA-verified) | Galveston, TX | 815 Market St, Galveston, TX 77550 | (409) 770-6700 | Pediatric |
| Timothy J. Harnar Burn Center (ABA-verified) | Lubbock, TX | 602 Indiana Ave, Lubbock, TX 79415 | (806) 775-8838 | Adult & Pediatric |
| USAISR Burn Center (ABA-verified) | San Antonio, TX | 3698 Chambers Pass, Jbsa Fort Sam Houston, San Antonio, TX 78234 | (210) 916-3301 | Adult |
| 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
The ABA reports that 61% of burn incidents happen at private residences (ABA fact sheet), so a landlord who ignored a faulty furnace or bad wiring is a common defendant. Others include a restaurant that served scalding food, a contractor who was not your employer, the seller of a defective lithium battery, and a utility that neglected its lines.
How Beverly Law helps in Oklahoma
Beverly Law is a law firm based in California. Its attorneys hold California and Washington licenses. When the burn happened in Oklahoma, Beverly Law works through its referral network with attorneys licensed in Oklahoma, and a free case review puts you in touch with an Oklahoma-licensed burn injury attorney, usually within one business day.
Related pages
This page is general information about Oklahoma law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Oklahoma can tell you how they apply to your case.
Common questions
How long do I have to file a burn lawsuit in Oklahoma?
Generally two years under 12 O.S. § 95. For a defective product, Daugherty allows a narrow discovery rule that starts the clock once you have enough information to lead you to the cause. A claim against the state or a political subdivision is due within one year.
Where do I file a claim if a government agency burned me?
A claim against the state goes to the Office of the Risk Management Administrator, and one against a political subdivision goes to the clerk of its governing body (51 O.S. § 156). Either way, present it in writing within one year of the loss.
Does Oklahoma cap damages in a burn case?
For bodily injuries on or after September 1, 2025, noneconomic damages are generally capped at $500,000 (23 O.S. § 61.3). There is no cap for a permanent and severe physical injury, or where reckless disregard, gross negligence, fraud, or intentional or malicious conduct is proved by clear and convincing evidence.
Can I sue my employer for a workplace burn in Oklahoma?
Usually not. Workers’ comp is the exclusive remedy under 85A O.S. § 5, and the intentional tort exception requires a specific intent to injure. You can sue a negligent third party, though the employer or carrier may hold a first lien on two-thirds of the net proceeds.
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Burn injury lawyer — Beverly Law
Burned in Oklahoma because of someone else? A free case review connects you with a burn injury attorney licensed in Oklahoma, usually within one business day.
Related pages
Sources
- oscn.net/applications/oscn/index.asp
- courtlistener.com/opinion/1432249/daugherty-v-farmers-cooperative-assn/
- oscn.net/applications/oscn/index.asp
- oscn.net/applications/oscn/index.asp
- oscn.net/applications/oscn/index.asp
- okbar.org/findalawyer/
- ameriburn.org/burn-care-team/resources/find-a-burn-center
- ameriburn.org/burn-care-team/resources/burn-centers/alexander-burn-center
- ameriburn.org/burn-care-team/resources/burn-centers/paul-silverstein-burn
- ameriburn.org/burn-care-team/resources/burn-centers/blocker-burn-unit-gal
- ameriburn.org/burn-care-team/resources/burn-centers/burn-and-reconstructi
- ameriburn.org/burn-care-team/resources/burn-centers/parkland-burn-center-
- ameriburn.org/burn-care-team/resources/burn-centers/shriners-hospitals-fo
- ameriburn.org/burn-care-team/resources/burn-centers/timothy-j-harnar-burn
- ameriburn.org/burn-care-team/resources/burn-centers/usaisr-burn-center-sa
- ameriburn.org/burn-care-team/resources/burn-centers/ascension-via-christi
- ameriburn.org/burn-care-team/resources/burn-centers/the-university-of-kan
- cedars-sinai.org/health-topics/classification-of-burns
- 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.