Burn injuries are almost always severe. Liability and damages are determined in different criteria. Below are explanations of both bases of personal injury liability and the damages that might be imposed on the defendant.
Liability
The defendant in a civil case must have owed the plaintiff (1) a duty of care, there must be (2) a breach of that duty of care and (3) the breach of the duty of care must have been the proximate or direct cause of the damage or injury. If those elements are met that would be civil liability for the injuries. The liability could be based in a negligence of some kind or liability can be based on an intended act such as an assault and battery or similar act. Negligence or the failure to maintain property in a safe condition is often the cause of a fire on real property or due to personal property that can result in severe burns to others either renting, visiting or living on the property.
Damages
The damages are slightly different in every personal injury lawsuit. Damages would be connected to the burns suffered by the plaintiff and could be awarded some or all of bases listed below:
- Cost of receiving medical and surgical care and treatment to address the burns
- Lost past wages
- Lost future wages or lost lifetime wages if a permanent disability has resulted from the burns
- Loss of consortium with other family members due to the burns
- Pain and suffering
- Scarring and disfigurement
- Emotional distress
- Punitive damages
Getting Legal Help
If you have suffered serious burns due to an fire on property belonging to another then it would be important to contact a personal injury attorney to discuss the circumstances of the injury and the possibility of a lawsuit to recover damages.
