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By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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What to do after a burn in Wisconsin
Get medical care, and ask whether a burn center should see you. The ABA’s referral guidelines set out when doctors should consult one, and Wisconsin’s two ABA-verified centers are in Milwaukee and Madison.
Hold on to the heater, cup, battery or fitting that failed, along with your clothing, and photograph the injury every few days. If the burn happened at a business or rental, send a written request that its video be kept. Watch the calendar too, since a 120-day notice can pass while you are still in treatment.
The State Bar of Wisconsin runs a Lawyer Referral Service.
The deadline to file in Wisconsin
Actions for injuries to the person, including motor vehicle crashes, must be commenced within three years under Wis. Stat. § 893.54(1m)(a). A wrongful death claim from a motor vehicle crash has two years under § 893.54(2m).
In Hansen v. A.H. Robins, Inc., 113 Wis. 2d 550 (1983), the Wisconsin Supreme Court adopted the discovery rule for all tort actions not already covered by a statutory discovery rule. Malpractice has its own: three years from the injury or one year from discovery, with a five-year repose limit (§ 893.55(1m)).
Government claims carry extra steps:
| Defendant | Requirement | Law |
|---|---|---|
| Local governmental body | Written notice of the circumstances served within 120 days after the event, plus a claim with an itemized statement of the relief sought, presented to the clerk and disallowed before suit | § 893.80(1d) |
| Local governmental body: limits | Recovery capped at $50,000 per person; no punitive damages | § 893.80(3) |
| State officers and employees | Sworn written notice of claim served on the Attorney General within 120 days of the event | § 893.82(3), (5) |
How fault works in Wisconsin
Wisconsin uses modified comparative negligence with a 51% bar. You recover only if your negligence was not greater than the negligence of the person you are trying to recover from (Wis. Stat. § 895.045(1)). The comparison is made against each defendant separately, not against all of them combined.
A guest at a cabin rental is burned by a propane heater. The jury assigns 30% to the guest, 55% to the rental company and 15% to the heater maker. The guest’s 30% is not greater than the rental company’s 55%, so that claim survives, with damages reduced by the guest’s share. But 30% is greater than the maker’s 15%, so the claim against the maker is barred.
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Damages and caps in Wisconsin
| Rule | Wisconsin law | Source |
|---|---|---|
| Punitive damages: when allowed | The defendant acted maliciously toward the plaintiff or in intentional disregard of the plaintiff’s rights | § 895.043(3) |
| Punitive damages: cap | The greater of 2x compensatory damages or $200,000; the cap does not apply to intoxicated driving | § 895.043(6) |
| Medical malpractice noneconomic damages | $750,000 per occurrence on or after April 6, 2006, with no inflation adjustment | § 893.55(4)(d)1. |
The malpractice cap was upheld as facially constitutional in Mayo v. Wis. Injured Patients & Families Comp. Fund, 2018 WI 78. The intoxicated-driving exception to the punitive cap can come up when a drunk driver causes a crash and fire.
Burns at work in Wisconsin
The right to workers’ compensation is the exclusive remedy against the employer, co-employees and the comp insurance carrier (Wis. Stat. § 102.03(2)). The statute has no exception for an employer’s intentional injury. A co-employee can be sued in two situations: an assault intended to cause bodily harm, or negligent operation of a vehicle the employer does not own or lease.
Under § 102.29(1), the employee, and the employer or insurer, may sue any other party responsible, such as a contractor who did hot work near fuel or the maker of a defective fryer. After the reasonable cost of collection, one-third of the remainder goes to the employee, the employer or insurer is reimbursed for what it paid, and any balance goes to the employee.
Burn centers in Wisconsin
The ABA lists three burn centers in Wisconsin. Two are ABA-verified, in Milwaukee and Madison. The pediatric program at Children’s Wisconsin is listed by the ABA but not verified.
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| Ascension Columbia St. Mary’s Regional Burn Center, ABA-verified | Milwaukee | 2301 N Lake Dr, Milwaukee, WI 53211 | (414) 585-1163 | Adult |
| UW Burn and Wound Center, ABA-verified | Madison | 600 Highland Ave, Madison, WI 53792 | (608) 915-0700 | Adult & Pediatric |
| Children’s Wisconsin Burn Program, listed by the ABA (not verified) | Milwaukee | 9000 W Wisconsin Ave, PO Box 1997, Milwaukee, WI 53226 | (414) 607-5280 | Pediatric |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
Who may be liable for a burn
Burn claims often reach beyond one defendant. A landlord may be responsible for an unsafe heater, a contractor working for your employer for a fire on site, and a manufacturer for a battery or fuel container that fails. Utilities may be liable for gas leaks, and restaurants for drinks served too hot. The ABA’s scald table shows 133°F water can cause a third-degree burn in 15 seconds (ABA scald guide).
How Beverly Law helps in Wisconsin
Beverly Law is a California firm with attorneys licensed in California and Washington. If you were burned in Wisconsin, the firm works with licensed Wisconsin attorneys through its referral network. Its free case review can connect you with a Wisconsin-licensed burn injury attorney, usually within one business day.
Related pages
This page is general information about Wisconsin law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Wisconsin can tell you how they apply to your case.
Common questions
How long do I have to sue for a burn in Wisconsin?
Generally three years under § 893.54, with a court-made discovery rule for injuries found later. If a local government is involved, written notice must be served within 120 days after the event, and a claim must be presented and disallowed before you sue.
What if I was partly to blame for the burn?
You can recover from a defendant whose negligence is at least as great as yours, with damages reduced by your share, under § 895.045(1). Because Wisconsin compares you with each defendant separately, you can be barred against a defendant whose share is smaller than yours.
Is there a cap on damages against a city or county?
Yes. Recovery against a local governmental body is capped at $50,000 per person, and punitive damages are not allowed, under § 893.80(3). The 120-day notice and the itemized claim to the clerk must come first.
Which Wisconsin burn centers are ABA-verified?
Two: Ascension Columbia St. Mary’s Regional Burn Center in Milwaukee, for adults, and the UW Burn and Wound Center in Madison, for adults and children. The Children’s Wisconsin Burn Program in Milwaukee is listed by the ABA but not verified. Check the ABA directory for updates.
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Burn injury lawyer — Beverly Law
Burned in Wisconsin because of someone else? A free case review connects you with a burn injury attorney licensed in Wisconsin, usually within one business day.
Related pages
Sources
- docs.legis.wisconsin.gov/document/statutes/893.54
- docs.legis.wisconsin.gov/document/statutes/893.80
- docs.legis.wisconsin.gov/document/statutes/895.045
- ameriburn.org/burnreferral
- wisbar.org/forpublic/ineedalawyer/pages/lrs.aspx
- law.justia.com/cases/wisconsin/supreme-court/1983/83-368-c-9.html
- docs.legis.wisconsin.gov/document/statutes/893.55
- static.case.law/nw2d/914/cases/0678-01.json
- docs.legis.wisconsin.gov/document/statutes/893.82
- docs.legis.wisconsin.gov/document/statutes/895.043
- docs.legis.wisconsin.gov/document/statutes/102.03
- docs.legis.wisconsin.gov/document/statutes/102.29
- ameriburn.org/burn-care-team/resources/burn-centers/ascension-columbia-st
- ameriburn.org/burn-care-team/resources/burn-centers/uw-burn-and-wound-cen
- ameriburn.org/burn-care-team/resources/burn-centers/children-s-wisconsin-
- ameriburn.org/burn-care-team/resources/find-a-burn-center
- childburn.org/_files/ugd/8b77b5_86f5163b1c4f4c9a8d6cc8c3456a2d7f.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.