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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 Tennessee
- Get emergency care. Tennessee’s ABA-verified centers are in Memphis and Nashville (see the table below).
- Save the evidence. Keep the device, container or clothing involved, and photograph the burn at each stage of healing.
- Ask for footage. Restaurants, stores and apartment buildings often record over video, so request in writing that it be kept.
- Write it down. Note the date, the time, who was there and what anyone said about the cause.
- Watch the calendar. With a one-year clock, waiting to see how the wound heals can cost you the claim.
The State Fire Marshal’s Office posts fire death figures and a fatality dashboard on its Fire Fatalities and Mortality Rate in Tennessee page. For lawyer referrals, the Tennessee Bar Association says it does not run a referral service and points to local bar associations in Knoxville, Chattanooga, Nashville and Memphis.
The deadline to file in Tennessee
Statute links on this page go to Justia’s copy of the 2025 Tennessee Code. The official code is on the state’s public-access portal, which has no links to single sections.
The general rule is one year for personal injury under Tenn. Code Ann. § 28-3-104(a). The period becomes two years when criminal charges are brought against the person who caused the injury, the prosecution is started within one year, and the injured person sues that same party.
Under McCroskey v. Bryant Air Conditioning Co., 524 S.W.2d 487 (Tenn. 1975), a tort claim accrues when the injury occurs or is discovered, or when reasonable care and diligence would have discovered it.
Government defendants bring their own limits. A suit against a city, county or other local government under the Governmental Tort Liability Act must be commenced within 12 months after the cause of action arises (§ 29-20-305(b)). For the State, a written notice of claim goes to the Division of Claims and Risk Management within the applicable statute of limitations; this is the Tennessee Claims Commission process (§ 9-8-402).
How fault works in Tennessee
Tennessee adopted modified comparative fault in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). As long as your negligence stays below the defendant’s, you can recover, with the award reduced by your share. At 50% or more, you are barred.
That line is sharp. Picture a tenant burned when an old wall heater ignites a curtain. If the jury splits fault 50/50 between tenant and landlord, the tenant gets nothing. If it finds the tenant 45% responsible, the tenant recovers 55% of the damages.
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Damages and caps in Tennessee
Punitive damages require clear and convincing evidence that the defendant acted maliciously, intentionally, fraudulently or recklessly (§ 29-39-104(a)(5)).
| Point | Tennessee rule |
|---|---|
| Proof needed | Clear and convincing evidence |
| Conduct | Malicious, intentional, fraudulent or reckless |
| Cap | The greater of 2x compensatory damages or $500,000 |
| No cap | Specific intent to inflict serious physical injury; records intentionally falsified, destroyed or concealed to avoid liability; defendant under the influence of alcohol or drugs; felony conviction for the conduct |
Source: Tenn. Code Ann. § 29-39-104(a)(5), (a)(7). The impaired-defendant exception can matter after a crash that ends in a vehicle fire. This page does not cover other Tennessee damages limits, including any that apply to claims against health care providers; ask a Tennessee lawyer about those.
Burns at work in Tennessee
Workers’ compensation rights and remedies exclude all other remedies against the employer under § 50-6-108(a). The Tennessee Supreme Court allows a narrow exception only when the employer actually intended to injure the worker; gross or even criminal negligence is not enough (Valencia v. Freeland & Lemm Constr. Co., 108 S.W.3d 239 (Tenn. 2003)).
Other parties can still be sued. Under § 50-6-112, an injured worker may sue a third party who is legally liable, such as the maker of a faulty boiler or a separate company whose crew caused a flash fire. The employer has a subrogation lien on that recovery for benefits it paid.
Burn centers in Tennessee
The ABA lists three Tennessee burn centers: two ABA-verified, in Memphis and Nashville, and a third in Nashville that is listed but not verified.
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| Regional One Burn Center, Firefighters Burn Center, ABA-verified | Memphis | 877 Jefferson Ave, Memphis, TN 38103 | (800) 351-3434 | Adult |
| Vanderbilt Burn Center, ABA-verified | Nashville | 1211 Medical Center Dr, Nashville, TN 37232 | (615) 322-4590 | Adult & Pediatric |
| Burn and Reconstructive Center at TriStar Skyline Medical Center, listed by the ABA (not verified) | Nashville | 3441 Dickerson Pike, Nashville, TN 37207 | (615) 769-2000 | Adult |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
Who may be liable for a burn
Look past the obvious defendant. An apartment owner may be responsible for faulty wiring or an unsafe heater. A subcontractor working alongside your employer at a plant may have caused a blast. A manufacturer can answer for a water heater or battery that failed. A gas utility may be at fault for a leak, and a restaurant for a drink served too hot. The CPSC says most adults suffer third-degree burns from 150°F water in two seconds and urges setting water heaters to 120°F (CPSC).
How Beverly Law helps in Tennessee
Beverly Law is a California firm whose attorneys hold licenses in California and Washington. When the burn happened in Tennessee, the firm works with licensed Tennessee attorneys through its referral network. After a free case review, you will usually be connected with a Tennessee-licensed burn injury attorney within one business day.
Related pages
This page is general information about Tennessee law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Tennessee can tell you how they apply to your case.
Common questions
How long do I have to file a burn lawsuit in Tennessee?
Generally one year under § 28-3-104(a). It becomes two years when the person who caused the injury is criminally charged, the prosecution starts within a year, and you sue that person. Against a local government, the suit must be commenced within 12 months under § 29-20-305(b).
What if I was partly at fault for the fire?
You can still recover if your fault is less than 50%, with the award reduced by your share, under McIntyre v. Balentine. If a jury finds you 50% or more at fault, you recover nothing.
Is there a cap on punitive damages in Tennessee?
Yes. Under § 29-39-104, punitive damages are capped at the greater of twice compensatory damages or $500,000. The cap does not apply in listed situations, including a defendant under the influence of alcohol or drugs or one convicted of a felony for the conduct.
Where are Tennessee's ABA-verified burn centers?
The ABA lists two: Regional One’s Firefighters Burn Center in Memphis, for adults, and Vanderbilt Burn Center in Nashville, for adults and children. The Burn and Reconstructive Center at TriStar Skyline in Nashville is listed by the ABA but not verified. See the ABA directory for updates.
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Burn injury lawyer — Beverly Law
Burned in Tennessee because of someone else? A free case review connects you with a burn injury attorney licensed in Tennessee, usually within one business day.
Related pages
Sources
- lexisnexis.com/hottopics/tncode/
- law.justia.com/codes/tennessee/title-28/chapter-3/part-1/section-28-3-104/
- law.justia.com/codes/tennessee/title-29/chapter-20/part-3/section-29-20-30
- law.justia.com/codes/tennessee/title-9/chapter-8/part-4/section-9-8-402/
- law.justia.com/codes/tennessee/title-29/chapter-39/section-29-39-104/
- law.justia.com/codes/tennessee/title-50/chapter-6/part-1/section-50-6-108/
- law.justia.com/codes/tennessee/title-50/chapter-6/part-1/section-50-6-112/
- law.justia.com/cases/tennessee/supreme-court/2003/valenciamario.html
- law.justia.com/cases/tennessee/supreme-court/1992/833-s-w-2d-52-2.html
- tn.gov/commerce/fire/prevention-education-and-outreach/fire-fatali
- tba.org/
- law.justia.com/cases/tennessee/supreme-court/1975/524-s-w-2d-487-2.html
- ameriburn.org/burn-care-team/resources/burn-centers/firefighters-regional
- ameriburn.org/burn-care-team/resources/burn-centers/vanderbilt-burn-cente
- ameriburn.org/burn-care-team/resources/burn-centers/burn-and-reconstructi
- ameriburn.org/burn-care-team/resources/find-a-burn-center
- cpsc.gov/s3fs-public/5098-Tap-Water-Scalds.pdf
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.
