Burn injuries can be the result of a malfunctioning product, occur due to accident at work, or from some other cause. Because each case is different, it is critical to examine the cause of the injury and then assign liability. Assignment of liability is key in pinpointing who is responsible for payment for required medical treatment and other compensation for the injury. The lawyers at Bennett Johnson, LLP have over 40 years of experience establishing liability in burn injury accidents ranging from car accidents, product liability suits, premises liability, and workplace accidents for victims in the Oakland, CA, area.
What is a Burn Injury?
A burn injury can be the result of one or more types of accidents. Most burn injuries are caused by exposure to fire, friction between the body and a hot surface (such as asphalt), heat, electricity, a gas, or even a chemical. Some common examples of burn injuries include:
- Scalding from contact with boiling water, oil, or grease. These types of injuries are not uncommon for those persons working in the food service industry, a road crew, or on a construction site.
- A burn associated with an open flame, such as with an explosion that sparks a fire, is referred to as a flame burn. These types of burns can happen with a car accident, as well as in other instances where an open flame intensifies to a larger fire.
- Flash burns, which are the result of the explosion of a gas or other chemical, usually happen quickly but produce a severe burn.
- Coming into contact with a hot surface area will also cause a burn, such as the type of burn that occurs when touching heated glass or metal.
- Electric burns are caused by electric current and are especially common when faulty wiring is present.
Why Establishing Liability for Burn Injuries is Important
If you have suffered a burn injury, you are likely suffering from not only physical pain, but have emotional or psychological issues. In order to be fully compensated for all of your injuries, you need to first establish liability for the injury. This involves:
- Identifying the cause of the injury, and what safeguards for prevention did or did not exist at the time of injury.
- Determining whether the liable party acted negligently or willfully. This element helps to establish what type of damages (compensation) the victim is entitled to receive.
- Measuring the severity of the injury and whether it will be long-lasting or can be effectively treated.
How to Establish Liability for Different Types of Burn Injuries
Because every type of burn injury is different, the way to establish liability for a specific injury is also different. For example:
- If the injury is the result of a faulty product, it is necessary to show the product did not perform as it was intended. There may be a design flaw, or it may be a problem within the manufacture or assembly of the product that caused the burn. An intensive review of the entire process is required in order to establish liability for a burn injury that is the result of use of a product.
- If the injury happened on another premise or at a place of a business, it is crucial to establish the person or business owed a duty of safety to the victim. When that duty is breached and a fire or explosion takes place that causes harm, the burn victim is entitled to compensation for the injury.
Reviewing your case with one of our experienced attorneys will pinpoint the cause of your injuries and help establish liability.
- In car accidents that involve fire, it is important to examine the cause of the crash, and also what part of the crash caused the fire. Burns that result from a car accident can be the fault of the negligent driver or of the automobile manufacturer. Identifying which components of the accident lead to the fire and the resulting burn is a key part to establishing liability for this kind of burn injury.
- When workers are burned on the job, it is necessary to determine liability so the proper type of action can be taken to not only compensate the injured worker, but also make sure remedial measures are taken to avoid future accidents. Common workplace burn injuries include burns from chemicals that are not being stored properly, or from an electrical fire that is the result of a lack of proper maintenance or repair on the part of the employer.
The Importance of Hiring a Lawyer to Establish Liability
Many times, liability for a burn injury is hard to determine. Some cases are tried to a jury, while other cases are resolved by motion practice in front of the judge. Still yet, some cases come to final resolution through mediation or arbitration. All of these methods of dispute resolution require the assistance of a knowledgeable lawyer who understands what evidence is beneficial to the case and what legal arguments need to be made to the Court.
Contact Our Office for More Information
Our team of personal injury attorneys at Bennett Johnson, LLP will review the specific facts of your case and let you know what type of strategy will work best for you. For more information, contact us online or call our office at (530) 413-0245 today.