How to File a Premises Liability Claim for Burn Injuries
Burn injuries – even if they’re considered to be relatively minor – can have a lifelong impact. In some cases, they can be so severe that the victim eventually succumbs. If this happens due to an accident in a business or another person’s home, the victim or their family members may be able to file a premises liability lawsuit.
The burn injury lawyers with the McEwen Law Firm have a great deal of experience in these kinds of cases. We also have a long track record of winning them. If you would like to learn more about what we may be able to do for you, please contact us online or give us a call at (800) 732-3070 for a free evaluation of your case.
What is Premises Liability?
If a defective or unsafe condition on another’s property hurt you, this falls under the category of premises liability. Like just about all other kinds of personal injury cases, the basis of a premises liability lawsuit is negligence.
You and your attorney will have to show that the owner of the property failed to use reasonable care in order to ensure the safety of anyone visiting that property. Also, just because you were hurt on someone else’s property, that doesn’t necessarily mean negligence occurred. You’ll need to prove that the owner either knew the premises (such as a business or a home) were unsafe or they should have reasonably known this was the case. In addition, you’ll need to prove that the owner failed to rectify the cause of the safety issue.
How Does Premises Liability Cause Burn Injuries?
Most premises liability claims involve injuries due to falls on slippery surfaces, falling downstairs due to a faulty handrail, or similar circumstances. They’re not typically associated with burn injuries. However, there are a lot of ways someone can suffer a burn due to a property owner’s negligence.
- A burn resulting from a fire that starts due to a lack of a sprinkler system.
- Burn injuries that are worsened due to a lack of clearly marked exits.
- Electrical burn injuries stemming from wires that weren’t properly covered.
- Scalding from hot steam or water due to a burst pipe.
- Hazardous materials that weren’t safely stored and caused a chemical burn as a result.
These injuries can place an incredible financial burden on a victim. But compensation may be available – with the help of a skilled attorney – through a premises liability lawsuit.
Levels of Burn Injury
The severity of a burn injury is measured in degrees. The following is a look at each.
- First-degree – This is a superficial burn that affects the outermost layer of skin, the epidermis. It will usually cause a great deal of pain and redness but will typically heal on its own without the need for medical treatment. Skin dryness and peeling can sometimes occur.
- Second-degree – A second-degree burn affects the epidermis as well as the layer just below, known as the dermis. Second-degree burns lead to redness, pain, and swelling and could also result in the development of blisters. While this type of burn usually heals within a month, the affected area may have a slightly different color tone.
- Third-degree – This damages not only the epidermis and dermis but also other tissues located deeper under the skin. This can result in charring and can also give the skin a leathery or waxy appearance. In some instances, a third-degree burn can result in nerve damage, potentially limiting the victim’s range of motion for an extended period of time.
- Fourth-degree – A fourth-degree burn will typically cause permanent damage, affecting not only skin and nerves but possibly muscles and even bones. The victim will usually lose all feeling in the affected area due to the nerves being destroyed completely.
Filing a Premises Liability Claim for Burn Injuries
When someone has a severe burn, the damage can be so extensive that they may need years of treatment. While no amount of money will make up for the incredible suffering that can result from this kind of injury, it can help offset the financial losses the victim incurs. Not only will they be facing a mountain of medical bills, but there’s also the likelihood they will no longer be able to work.
Business owners, as well as homeowners, have a duty to protect visitors. “Invitees” are customers patronizing a store. “Licensees” are those invited into a person’s home. When businesses or homeowners fail to uphold their duty, and someone suffers a burn injury due to that failure, the property owner may be held liable as a result.
Liability may also fall to a third party. A neighbor invites someone over, and the stove burns them. In most cases, that person probably wouldn’t have a case since they knew the stove was on because their host was cooking.
But what if the stove was defective? What if it heated much faster than it takes for the typical stove to heat up, and the visitor had no idea that was the case? They may be able to file a lawsuit against their neighbor because the neighbor should have warned them. But the victim could also sue the manufacturer of the defective product.
How a Premises Liability Attorney Can Help You
As you can see, this can be a very complex type of lawsuit to win. But if you have a skilled premises liability attorney working on your behalf, they can investigate the accident. Not only will they find out how the accident happened, they’ll also be able to identify all potentially liable parties.
Contact McEwen Law Firm to Speak with an Experienced Premises Liability Attorney
The McEwen Law Firm is ready to help you pursue legal action and work to help you obtain full and fair compensation for the terrible injury you’ve suffered. Please contact us online for a free consultation, or give us a call at (800) 732-3070.
