Burn injuries are one of the most painful injuries anyone can suffer; that’s why you need an expert burn injury lawyer when a burn accident happens. Most people do not realize that our skin is the largest organ in our body. Our skin has billions of neuron receptors that tell our brain if that part of our body is cold or hot or is injured.
Electrical burn injuries result from exposure to high voltage electricity. On the job exposure for those working in the electrical field is ever present. The burn injuries result from electric current flowing through the body and causing a severe exit wound. Possibly, high voltage will cause the heart to stop beating and result in the death of the victim. Workers can be electrocuted on the job and experience fatal work-related injuries.
The Flammability of clothing is tremendously dangerous as it may spread through the clothing and create severe burns all over the body. Clothing sold in the USA must comply with the Flammable Fabrics Act.
Thermal burn injuries occur when there is exposure to, or contact with steam, flames, flash, and hot surfaces or hot liquids with a temperature of 115 degrees. Thermal burn injuries may be on the job related and occur while cooking on hot stoves, for example.
Automobile fires may result from auto accidents, putting passengers at great peril. Automobile fires may be caused by gas explosions as well as contact with another object.
Chemical burn injuries are caused by contact with acids or strong bases such as alkaloids. Often strong chemicals are used in laboratories and place on the job workers at risk. Very strong chemicals will dissolve skin at contact and are difficult to wash away at contact exposure.
Fires are a common cause of residential fire deaths and office building fire deaths. Heating and electrical equipment may malfunction and result in serious burn injuries or death.
When skin is severely burned, scar tissue is formed. This burn scar tissue loses many normal characteristics because of the severe scaring.
Burn-injury cases cover product defects, premises hazards, vehicle fires, and workplace incidents. Below are related practice and city pages.
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Burn injury liability rests on Civil Code section 1714's general duty of care, supplemented by Health & Safety Code section 13007, which makes any person liable in an action for damages for the burning of property when the fire was set or caused negligently, and by Health & Safety Code section 13008, which extends liability for the spread of negligently set fires. Statutes are searchable at leginfo.legislature.ca.gov.
Punitive damages under Civil Code section 3294 are available where the defendant acted with malice, oppression, or fraud. Several liability for non-economic damages applies under Civil Code section 1431.2 (Proposition 51). The personal injury limitations period is two years under Code of Civil Procedure section 335.1. Public-entity defendants require a six-month government claim under Government Code section 911.2. Product liability claims involving defective heating, electrical, or chemical products draw on the design-defect framework codified through California case law.
Donchin v. Guerrero (1995) 34 Cal.App.4th 1832 addressed the adequacy-of-warning theory and the duty of a property owner who knows of a dangerous condition to warn entrants. The decision is invoked in burn cases involving inadequately marked hazards such as scalding water, exposed pilot lights, and overheated cooking equipment. Damages doctrines from Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 and Pebley v. Santa Clara Organics, LLC (2018) 22 Cal.App.5th 1266 apply with full force in burn cases involving high paid-medical totals.
Comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 applies to all burn injury cases. Product-defect theories follow Soule v. General Motors Corp. (1994) 8 Cal.4th 548, which provides the consumer expectation and risk-benefit tests for design defects. Civil Code section 1431.2 limits joint liability for non-economic damages to each defendant's share of fault. Verify each citation at Justia California Case Law.
First-degree burns affect only the epidermis, producing redness and pain similar to sunburn. Second-degree (partial-thickness) burns extend into the dermis, producing blistering and severe pain. Third-degree (full-thickness) burns destroy the entire skin layer and frequently the underlying tissue, producing leathery, painless eschar that requires excision and grafting. Fourth-degree burns extend into muscle and bone. Severity classification, total body surface area, and burn depth drive treatment, prognosis, and case value. Hospital records and burn center documentation supply the proof.
Adult plaintiffs have two years under California Code of Civil Procedure section 335.1. Property-damage claims have three years under section 338. Public-entity defendants require a six-month government claim under Government Code section 911.2 followed by suit within six months of rejection. Burn injuries from products may also support warranty claims with their own limitations periods. Minor plaintiffs generally have until two years after their 18th birthday. Latent-injury claims may benefit from the discovery rule but should not be relied on without prompt counsel review.
Common burn-injury cases include thermal burns from defective appliances, water heaters, stoves, and grills; chemical burns from caustic substances at work or in consumer products; electrical burns from defective wiring and unguarded equipment; scald injuries from over-temperature tap water; and fire-related burns from negligent fire ignition or spread under Health & Safety Code section 13007. Each category triggers different liability theories, from premises liability and product liability to negligent fire-ignition claims, and the right combination of theories often determines case value.
Yes. Landlords have a duty to maintain the property in a habitable condition under Civil Code section 1941.1 and to inspect for known hazards. A water heater set above 130 degrees creates serious scald risk and can be a code violation depending on local plumbing codes. The Tunkl v. Regents framework limits the enforceability of liability waivers in residential leases. Documentation of prior complaints, repair records, and inspection reports establishes notice. Minor children scalded in residential property cases routinely receive substantial settlements.
Past and future medical expenses, including burn-center care, multiple grafting surgeries, scar revision, occupational therapy, and physical therapy; past and future lost earnings; pain and suffering, with burn cases generating among the highest non-economic awards because the pain is severe and prolonged; scarring and disfigurement; and emotional distress and post-traumatic stress disorder. Punitive damages are available under Civil Code section 3294 when malice, oppression, or fraud is shown. Loss of consortium claims by spouses and parental association claims by minor children round out the recovery.
Yes. Civil Code section 3294 allows punitive damages on clear and convincing evidence of malice, oppression, or fraud. Common patterns supporting punitive damages include knowing defective product designs, falsified safety testing, hidden recalls, and corporate failures to warn after pattern injuries emerge. Cases involving children scalded by tap water set above the safe limit, when the property owner knew of the risk, also support punitives. Punitive damages must be specifically pled, and managing-agent ratification under section 3294(b) is required for corporate defendants.
Scarring is valued by reference to location, visibility, depth, and the cost of revision surgery. Facial and hand scars receive the highest awards because they cannot be hidden and affect daily function and social interaction. Plastic surgeons document the number, area, depth, and severity of scars and project the cost of staged revisions including dermabrasion, laser resurfacing, Z-plasty, fat grafting, and tissue expansion. Photographs taken at intervals during healing supply visual evidence. Children's scar revisions performed in adolescence are commonly forecast in life-care plans.
Yes. California product liability law allows strict liability claims against the manufacturer, distributor, and retailer of any defective product that caused the burn. Common defendants include water heater manufacturers, appliance manufacturers, e-cigarette and lithium-ion battery makers, and chemical manufacturers. Soule v. General Motors provides the consumer-expectation and risk-benefit tests for design defects, and the failure-to-warn theory applies when adequate instructions or warnings were missing. Preserving the product in its post-incident condition is essential for expert inspection.
Workers' compensation under the Labor Code is typically the exclusive remedy against the employer, but third-party claims against contractors, equipment manufacturers, property owners, and others remain available. Burns from defective machinery, faulty wiring, missing guards, or chemical exposure routinely generate third-party claims that exceed the comp benefits. The comp carrier asserts a lien against any third-party recovery under Labor Code section 3856. Coordinating the comp claim with the third-party action is critical to maximize the net recovery to the burn survivor.
Acute burn-center care commonly runs from days to weeks for moderate burns and weeks to months for severe burns. Grafting and reconstructive surgery often continues for one to three years after the initial injury, with scar revision sometimes extending into adolescence in pediatric cases. Occupational therapy, pressure-garment use, and psychological counseling typically run 12 to 24 months. Total recovery time, the number of surgeries, and the persistence of pain and itching all influence case value. Complete documentation through the entire treatment arc is essential.
Yes. Burn survivors frequently develop post-traumatic stress disorder, depression, anxiety, and adjustment disorders that are independently compensable. Body-image disturbance, social withdrawal, and avoidance behaviors are common in survivors with visible scars. Treatment by a psychiatrist or psychologist documents the diagnosis and prognosis. Future therapy costs are included in the life-care plan. Children with burn injuries are particularly vulnerable to long-term psychological effects, and pediatric burn cases routinely include substantial mental-health damages components.
Most burn cases settle before trial through mediation, but a credible willingness to try the case drives settlement value. Severe burns generate sympathy and large verdicts in Los Angeles County, which carriers price into early offers when liability is clear. Cases with disputed liability, comparative fault arguments, or punitive-damage exposure commonly proceed past mandatory settlement conferences. The typical Los Angeles County burn case is set for trial 18 to 24 months after filing, with settlement on the courthouse steps a frequent outcome.
| Severity Tier | Typical Injuries | Settlement Range |
|---|---|---|
| Tier 1 — Minor | First-degree, full recovery, no scarring | $15,000 — $75,000 |
| Tier 2 — Moderate | Second-degree, limited grafting, mild scarring | $75,000 — $400,000 |
| Tier 3 — Serious | Significant grafting, visible scarring, PTSD | $400,000 — $1,500,000 |
| Tier 4 — Severe | Full-thickness, multiple surgeries, disfigurement | $1,500,000 — $6,000,000 |
| Tier 5 — Catastrophic | Major TBSA, life-long care, wrongful death | $6,000,000+ |
Past results do not guarantee future outcomes. Each case is unique and case results depend on a variety of factors.
Cases filed in Los Angeles County are routed by the location of the incident and the residence of the parties. Most personal injury filings are handled at the Stanley Mosk Courthouse at 111 N. Hill Street, which serves as the central civil hub. West-side incidents may be filed at the Santa Monica Courthouse, while events in the eastern San Fernando Valley typically route to the Van Nuys Courthouse East. South Bay matters proceed at the Torrance Courthouse, and South-Central LA cases are handled at the Compton Courthouse. Long Beach and the surrounding ports route to the Governor George Deukmejian Courthouse. Federal claims, including those involving federal preemption or diversity jurisdiction, are filed in the U.S. District Court for the Central District of California.
This page is reviewed by Isaac Radnia, a Burg & Brock partner whose practice includes burn injury, premises liability, and product-defect cases throughout Los Angeles County. Isaac has handled cases involving residential scalds, defective water heaters, e-cigarette lithium-battery fires, and industrial chemical burns, and he coordinates with burn-center physicians, plastic surgeons, life-care planners, and mental-health experts to document the full medical, vocational, and emotional cost of burn injuries.
Isaac Radnia is admitted in California and verified at Cal Bar #252402. Reviewed by Isaac Radnia, CA Bar #252402. Last updated: 2026-05-08.
Attorney Advertising. The information on this page is for general educational purposes and is not legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee future outcomes.
Settlements track the burn degree, body surface area affected, and visibility. First and second-degree burns settle in the $50,000 to $200,000 range. Third-degree burns with grafting routinely exceed $500,000. Burns covering more than 20% body surface area or involving the face often reach seven figures.
Product liability under California's strict liability doctrine reaches the manufacturer, distributor, and retailer. Common product cases involve water heaters, propane tanks, e-cigarette batteries, hot beverages, and faulty appliances. Civil Code section 1714.45 governs certain product categories.
Yes if the landlord failed to maintain working smoke alarms, sprinklers, or safe wiring. Health and Safety Code section 13113.7 requires functioning smoke alarms in all dwelling units. Failure to maintain or install them is negligence per se.
Two years from the injury date under Code of Civil Procedure section 335.1. Product liability follows the same deadline. Wrongful death from burns must be filed within two years of the death.
First-degree burns affect only the epidermis and rarely scar (lower case value). Second-degree burns involve the dermis and often leave scarring. Third-degree burns destroy all skin layers, require grafting, and produce permanent disfigurement. Case value scales sharply with degree and body surface area percentage.
Yes. Disfigurement is a separate damages category under California pain-and-suffering rules. Visible scars on the face, neck, and hands command the highest values. We document scarring at multiple stages of healing and use medical photography.
Recoverable as part of pain and suffering. Burn survivors frequently develop PTSD, body image disorders, and depression. Psychological evaluations document the diagnosis and treatment plan, which strengthens the non-economic damages claim.
The product itself (do not discard), purchase records, instruction manuals, warning labels, and any prior complaints filed with the manufacturer. Send a litigation hold letter to the manufacturer and retailer immediately to prevent destruction of design and testing records.
Workers' compensation is usually the exclusive remedy against the employer under Labor Code section 3602. Third-party claims against equipment manufacturers, contractors, or product makers are separate and not barred by workers' compensation. Both are pursued in parallel.
Medical bills (including future reconstructive surgery and scar revisions), lost wages and earning capacity, pain and suffering, disfigurement, and emotional distress. Future medical care for burns can extend decades and is itemized through a life care plan.
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