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Rhode Island Burn Injury Lawyer: Your Rights After a Burn

Michael Shemtoub, trial attorney, Beverly Law
Michael Shemtoub, Beverly Law
Trial attorney · English y Español · (310) 552-6959

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People burned in Rhode Island through someone else’s fault generally have three years after the claim accrues to sue. The state uses pure comparative fault, so your own share of blame lowers what you recover but does not bar the claim, and an open and obvious danger is no bar either. Claims against a city or town have extra steps. Get treatment today and keep what caused the burn.

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

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What to do after a burn in Rhode Island

Get care right away, and ask whether the burn should be seen at a burn center. Hot liquid does damage quickly. The American Burn Association’s scald table shows water at 155°F can cause a third-degree burn in one second, at 140°F in five seconds, and at 127°F in one minute (ABA scald guide).

Those numbers make the temperature of the water or drink a key fact, so preserve what you can. Keep the cup, the kettle or the appliance. If it happened in an apartment, photograph the water heater and its setting before maintenance changes it. Ask a restaurant or store to keep its video. Keep a journal of pain, dressing changes and missed work, because those details fade.

The deadline to file in Rhode Island

Under R.I. Gen. Laws § 9-1-14(b), “Actions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue” (§ 9-1-14). The section was last amended in 2019.

For medical malpractice, the statute has its own discovery rule. If the injury could not with reasonable diligence be discovered at the time, suit is due within three years of when the malpractice should have been discovered (§ 9-1-14.1). That could matter for a burn suffered during a procedure.

Tort suits against the state, political subdivisions, cities and towns must be filed within three years of accrual (§ 9-1-25). Before suing a city or town, you must present a particular account of the claim to the town council or city council. If it is not paid within 40 days, suit may be brought against the treasurer (§ 45-15-5). Injuries from a defect in a highway or bridge need notice to the town within 60 days (§ 45-15-9).

How fault works in Rhode Island

Rhode Island follows pure comparative fault (§ 9-20-4). Failing to use due care does not bar recovery; it reduces the damages. Since a 2019 amendment, the fact that a danger was open and obvious does not bar recovery either.

Here is how that plays out. A customer at a Pawtucket laundromat leans against an uninsulated steam pipe that anyone could see. The owner argues the danger was obvious. Under § 9-20-4, that argument cannot end the case. If a jury finds the customer 70% at fault, the customer still collects the other 30% of the damages.

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Damages and caps in Rhode Island

In claims against government defendants, damages are capped at $100,000 for governmental functions, as opposed to proprietary ones (§ 9-31-2; § 9-31-3).

ClaimRhode Island limit
Government defendant, governmental (non-proprietary) function$100,000 (§ 9-31-2, § 9-31-3)

This page does not describe Rhode Island’s rules on punitive damages or any medical malpractice damages cap, because we did not confirm those points from an official source for this update. A Rhode Island lawyer can tell you what applies.

Burns at work in Rhode Island

Workers’ compensation is “in lieu of all rights and remedies” for the injury against the employer and its directors, officers, agents or employees, except as provided in §§ 28-36-10 and 28-36-15 (§ 28-29-20).

An outside party is treated differently. Under § 28-35-58, you may sue the third party who caused the burn and still receive comp. Examples include a chemical supplier or the company that serviced a commercial boiler. From the recovery, you reimburse the payer for comp paid to date, less a proportionate share of costs and fees. The insurer may suspend benefits up to any excess recovery. If you have not filed suit within two years and eight months, the employer or carrier may sue.

Burn centers in Rhode Island

Rhode Island has one burn center in the ABA directory, and it is ABA-verified for adults and children.

CenterCityAddressPhonePatients
Rhode Island Burn Center, ABA-verifiedProvidence593 Eddy St, Apc 443, Providence, RI 02903(401) 444-2751Adult & Pediatric

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

Who may be liable for a burn

Ask who controlled what hurt you. A landlord can be responsible for an unsafe water heater or space heater in a rental. A contractor hired by your employer may answer for a burn on the job. The maker of a defective appliance, battery or pressure cooker can be liable. A gas or electric utility may share fault when its equipment fails. A café or restaurant can be at fault for a drink served too hot or with a lid that was not secure.

How Beverly Law helps in Rhode Island

Beverly Law is a California firm; its attorneys are licensed in California and Washington. For burn injuries in Rhode Island, Beverly Law works with Rhode Island-licensed attorneys through its referral network. Through a free case review, the firm connects you with a Rhode Island-licensed burn injury attorney, usually within one business day.

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

Common questions

When is the deadline to sue over a burn in Rhode Island?

Three years after the cause of action accrues under § 9-1-14(b). Suits against the state, cities and towns also have a three-year limit under § 9-1-25, but a city or town claim must first go to the council, and highway or bridge defect injuries need notice within 60 days.

Can I recover if the danger was obvious or I was careless?

Yes. Under § 9-20-4, neither your lack of due care nor the fact that a danger was open and obvious bars recovery. Rhode Island uses pure comparative fault, so the jury reduces your damages by your share of the fault.

Is there a cap on damages against Rhode Island government defendants?

Yes, for governmental functions. Sections 9-31-2 and 9-31-3 cap damages at $100,000 when the claim arises from a governmental, rather than proprietary, function. Before suing a city or town, you also have to present the claim to its council under § 45-15-5.

Where is the burn center in Rhode Island?

The Rhode Island Burn Center at 593 Eddy St in Providence is ABA-verified and treats adults and children. It is the only Rhode Island center in the American Burn Association directory, and its phone number is (401) 444-2751.

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Related pages

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Sources

  1. webserver.rilegislature.gov/Statutes/TITLE9/9-1/9-1-14.htm
  2. webserver.rilegislature.gov/Statutes/TITLE9/9-1/9-1-14.1.htm
  3. webserver.rilegislature.gov/Statutes/TITLE9/9-1/9-1-25.htm
  4. webserver.rilegislature.gov/Statutes/TITLE45/45-15/45-15-5.htm
  5. webserver.rilegislature.gov/Statutes/TITLE45/45-15/45-15-9.htm
  6. webserver.rilegislature.gov/Statutes/TITLE9/9-31/9-31-2.htm
  7. webserver.rilegislature.gov/Statutes/TITLE9/9-31/9-31-3.htm
  8. webserver.rilegislature.gov/Statutes/TITLE9/9-20/9-20-4.htm
  9. webserver.rilegislature.gov/Statutes/TITLE28/28-29/28-29-20.htm
  10. webserver.rilegislature.gov/Statutes/TITLE28/28-35/28-35-58.htm
  11. childburn.org/_files/ugd/8b77b5_86f5163b1c4f4c9a8d6cc8c3456a2d7f.pdf
  12. ameriburn.org/burn-care-team/resources/find-a-burn-center
  13. ameriburn.org/burn-care-team/resources/burn-centers/rhode-island-burn-cen

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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