What Are the Grounds for a Burn Injury Lawsuit?

If you’ve sustained a burn injury, you understand that a burn injury can be painful and involve a lengthy recovery with significant expenses. Because of this, it’s important to analyze whether you have any grounds for a burn injury lawsuit to receive financial compensation for your damages. Consider working with a burn injury attorney to review your case and identify whether you have a substantial basis to file a burn injury lawsuit.

Premises Liability

Depending on the location where you were burned, you could be eligible for compensation through a lawsuit. Properties hold legal precedence called premises liability. In this, the owners of the property are legally obligated to protect the safety of their patrons and visitors. This is especially true for places of business. Further, it may apply to residential locations if the property owner was negligent or failed to inform you that a potential danger existed. Generally, for premises liability to apply, the property owner must have been negligent in their care.

Product Defects

Some products that are on the market may lead to a burn injury if used. When filing a lawsuit for a burn injury based on a product defect, one of three claims must be met. First, improper labeling can provide grounds for a lawsuit. All consumers expect that a product they use will not directly cause them harm. If there is a possibility of harm in any way, there must be a label stating so. For example, if you are using a lighter and it is known to overheat if used for an extended period, this must be documented. If it is not labeled as such, you may be eligible to file a lawsuit. Next, if there is a manufacturer error in the formation of a batch of products, you may receive compensation. This means that the product you used was made incorrectly and didn’t work to standard. An example of this includes if a battery malfunctions and sets on fire. Lastly, if there is an intrinsic design defect within the product, meaning that there is a developmental or engineering flaw in all products made, you could file for a burn lawsuit. While this is similar to manufacturer error, the latter refers to a single mishap while the former revolves around an entire product line complication.

Assault and Battery

If you have been criminally assaulted and burned in the process, you may be able to file a lawsuit against the perpetrator. In these situations, a person must have directly meant you harm. Because these are criminal offenses, they should be seen in a criminal court. However, you may also be able to file a lawsuit in a civil court under a preponderance of evidence rather than beyond a reasonable doubt.

Work With a Dedicated Burn Injury Lawyer Today

As a victim of a burn injury, you may be able to file a lawsuit against the responsible party if it falls under one of the three aforementioned classifications. To definitively determine whether your claim can be filed, it could be beneficial to speak with an experienced attorney about your case. The lawyers at the Law Office of Scott Righthand are here to support you. To schedule a consultation with us, contact us today.

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Date Of Posting

10 December,2022

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