Can I Sue for a Burn Injury?

Yes, if someone else caused it. In California, everyone is responsible for injuries caused by their lack of ordinary care (Civil Code 1714), and makers and sellers can be liable for defective products. A burn from a car fire, a faulty appliance, a scalding spill at a business or an unsafe rental can support a claim. Burns at work usually go through workers’ compensation first.

Who can be responsible for a burn?

Burns come from many sources. Mayo Clinic lists fire, hot liquid or steam, hot objects, electricity, radiation and strong chemicals (Mayo Clinic). The person or company that may be responsible depends on how it happened:

• A driver whose crash caused a vehicle fire.
• A property owner or landlord who ignored faulty wiring, a broken water heater or missing smoke alarms. California’s premises instruction asks whether the owner used reasonable care to keep the property safe (CACI 1000).
• A business that served a dangerously hot drink or left a hazard where customers walk.
• A manufacturer, distributor or seller of a product that overheated, exploded or caught fire, such as a battery, e-bike, space heater or pressure cooker. Under strict product liability, you generally do not have to prove carelessness, only that the product was defective and caused harm (CACI 1200).

More than one party can share responsibility, and each may have its own insurance.

Can I sue if I was burned at work?

Usually not your employer directly. In California, workers’ compensation is generally the only remedy against your employer for a work injury, with limited exceptions (Labor Code 3602). Texas has a similar rule for employers that carry workers’ comp coverage (Labor Code 408.001), though many Texas employers do not carry it.

You may still have a separate claim against someone who is not your employer: the maker of a defective machine, a contractor on the site, or a driver who hit your work vehicle. That third-party claim can include pain and suffering, which workers’ comp does not pay.

How serious does a burn have to be?

There is no minimum. But severity shapes the value of a claim. Mayo Clinic describes first-degree burns as affecting the outer layer of skin, second-degree burns as reaching the second layer and often causing blisters, and third-degree burns as involving all layers of the skin, sometimes reaching fat and muscle and damaging nerves. It lists complications such as infection, fluid loss, breathing problems from smoke, scarring and joint problems where scar tissue tightens. MedlinePlus has a plain overview of burn types and care (MedlinePlus).

Deep burns often need grafts, therapy and follow-up surgery over months or years. Photos of the wound at each stage of healing are some of the strongest evidence in a burn case.

What damages can I recover?

In California, a jury may award past and future medical expenses and past and future pain, suffering, disfigurement and emotional distress (CACI 3903A, 3905A). Lost wages and reduced earning ability can also be claimed. Scarring on the face or hands often has a large effect on non-economic damages.

• Texas: recovery of medical expenses is limited to the amounts actually paid or incurred (CPRC 41.0105), and a plaintiff more than 50 percent at fault recovers nothing (CPRC 33.001).
• California: your share of fault lowers the award but does not erase it (B.B. v. County of Los Angeles).
• Washington: your fault reduces damages in proportion and is not a complete bar (RCW 4.22.005).

What evidence helps a burn claim?

Keep the product, its box, receipt and any recall notice. Do not throw away a melted charger or a burned appliance, because an engineer may need to examine it. Get the fire department or incident report, names of witnesses, and photos of the scene. For a rental, save texts or emails asking the landlord to fix the problem. Keep every medical bill and a journal of pain, sleep and daily limits.

What to do now

1. Get medical care right away, and follow up on deep or large burns.
2. Photograph the burn on the first day and as it heals.
3. Keep the product or object that caused the burn.
4. Ask for the fire, police or incident report.
5. Report a work burn to your employer in writing.
6. Do not give a recorded statement to an insurer before getting advice.
7. Talk to a lawyer before the deadline in your state runs.

Talk to us

If you or a family member was burned because of someone else’s carelessness or a faulty product, call Beverly Law at (310) 552-6959 for a free case review in English or Spanish. You owe no fees or costs unless we win.

Common questions

Related pages

Personal Injury Questions · Who can you sue for a defective product in California? · Does a California store have to know about a spill? · Washington product liability statute of limitations · Personal injury questions · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.