One of the most terrible kinds of personal injuries are burn injuries, which frequently leave victims with financial hardships, emotional distress, and physical scars. Whether caused by an accident, negligence, or defective products, burn victims in New Jersey have the right to seek compensation for their suffering. However, who is legally liable for these injuries?
This article breaks down the causes of burn injuries, identifies potential responsible parties, and explains how compensation claims work under New Jersey law. With insights from experienced personal injury attorneys, you’ll gain clarity on how to navigate your case and protect your rights.
Burn Injury New Jersey Laws
New Jersey has several laws designed to safeguard the rights of burn injury victims. Here’s a breakdown of key statutes that may impact your case:
- Premises liability laws: These regulations mandate that property owners maintain their premises in a safe condition to protect visitors from harm.
- Product liability protections: These laws make producers and merchants liable for harm brought on by their defective or misadvertised goods.
- Comparative negligence rules: Under this system, even if a victim shares partial responsibility for an accident, they can still recover damages, though their compensation may be reduced based on their degree of fault.
Core Elements in Identifying Negligence in a Burn Injury Case
When someone does not take reasonable precautions and causes injury to another person, that is considered negligence. It is necessary to demonstrate that the responsible party violated their duty of care and caused the injury in order to establish negligence. Specifically, to file a successful personal injury claim, it’s essential to demonstrate these legal components of negligence:
1. Duty of Care
Under New Jersey law, you need to show that the party you hold responsible for your burn injuries owed you a “duty of care.” This means they were expected to act as a reasonable person would in similar circumstances, exercising the necessary caution, attention, and care to prevent harm to others.
For example, a property owner has the duty to keep their electrical systems up to standard to prevent fires or burn injuries to their guests. Likewise, a product manufacturer must warn consumers if their product poses a burn risk.
2. Breach of Duty
The next step is proving that the duty of care was violated. For example, a driver is obligated to follow traffic laws and operate their vehicle safely. If they drive recklessly or fail to pay attention, they breach this duty, putting others at risk.
3. Causation
Establishing causation means demonstrating that the duty breach directly resulted in your injuries. For instance, if a driver runs a red light and crashes into your car, causing a fire that results in burn injuries, their negligent actions are directly linked to your harm. This connection makes them legally accountable for your injuries.
4. Damages
Lastly, you have to prove the harm the duty breach created. These damages can include costs related to medical treatment, rehabilitation, future care needs, lost income during recovery, and other financial losses stemming from your injuries.
Common Causes of Burn Injuries in New Jersey: Who Can Be Held Liable for Burn Injuries?
Determining liability depends on the circumstances:
Premises Liability: Negligence of Property Owners
If the injury occurred on someone else’s property due to negligence (such as a lack of fire safety measures), they may be held liable under premises liability laws.
In New Jersey, for instance, restaurants have a duty of care to protect their customers from harm. This includes maintaining equipment to prevent grease fires in ovens, ensuring appliance wiring is not frayed or worn out, and making sure fire alarms and extinguishers are functional. Restaurant staff must also be properly trained to avoid accidents like scalding customers with hot food or drinks.
Burn injuries can also occur on poorly maintained properties like apartments or commercial spaces. For example, tenants or visitors may suffer burns from exposed electrical wires if the wiring is damaged. Additionally, fires can result from inadequately maintained heating systems. If fire alarms or sprinklers fail to operate due to neglect, victims may sustain thermal or electrical burns from fires or smoke exposure.
Products Liability: When Manufacturers Are Liable
Burn injuries are often caused by defective products, which can be grounds for product liability claims. Negligence in product design, manufacturing defects, or failure to warn consumers about usage risks can justify compensation for burn victims.
An example is when a cell phone battery overheats and starts a fire, a toaster oven’s faulty wiring sparks flames, or children’s toys catch fire due to combustible materials. The manufacturer might be held accountable for the harm caused to users.
Consider the following scenario: A manufacturer of lawn mowers offers a defective product that burns the user when it catches fire. The first question is whether the manufacturer had a legal obligation to create and sell a safe product, knowing customers would rely on it. The answer is yes. If the mower’s starter malfunctions and causes a fire, it can be proven that the manufacturer’s defective design or negligence in production breached their duty of care. This breach directly caused the user’s burns and subsequent physical, emotional, and financial damages.
Liability of Employers
In workplace incidents, employers must ensure safety protocols are followed. Failure to do so could make them responsible for compensating injured employees.
Workplace burn injuries often stem from an employer’s failure to provide proper training, maintain safe working conditions, or address defective equipment. Employees who are not trained to safely operate machinery or respond to hazards are at greater risk of injury. Employers are also responsible for ensuring that workers have access to functioning equipment, protective gear, safety alarms, and enforced safety protocols.
Neglecting these duties — especially when employees handle hazardous chemicals, flammable substances, or electrical equipment — can constitute employer negligence if an injury occurs.
Compensation for Burn Injury Victims
Victims may seek compensation for various losses such as:
- Medical expenses: Covers treatments like surgeries or skin grafts
- Lost wages: Compensation for missed wages while recovering
- Pain and suffering: Covers for experiences of mental anguish and a lower quality of life.
The severity of burns and their long-term impact are factors in the amount awarded.
Statute of Limitations for Burn Injury Claims in New Jersey
Under New Jersey law, individuals generally have a two-year window to file a personal injury lawsuit, starting from the date their injury occurred. If you fail to initiate your claim within this timeframe, you may lose your right to recover compensation, regardless of how strong your case might be.
However, there are exceptions to this statute of limitations:
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- Minors: For victims under the age of 18, the two-year period begins once they reach their 18th birthday.
- Discovery rule: If the injuries were not immediately apparent, the clock starts when the harm is identified or reasonably should have been discovered.
- Lawsuits against government entities: If the negligent party was a government agency or employee, the time limit to sue is also two years. However, you need to file a Notice of Claim within 90 days of the incident.
Building a Strong Burn Injury Case
A successful case requires solid evidence such as:
- Medical records documenting treatments
- Photos showing the extent of injuries
- Witness statements supporting your claim.
A skilled lawyer can assist you in obtaining information and constructing a compelling case.
Why You Need a Burn Injury Attorney
Navigating legal claims alone can be overwhelming, but you can have a better chance to win with a personal injury attorney on your side. Attorneys understand complex liability laws and statutes. If they are experienced, they can assertively negotiate with insurance companies that often undervalue claims. Good representation helps ensure you receive fair compensation for your damages.
In one notable case handled by Grossman Law Firm, a victim received $2,750,000 after suffering electrical burns at work due to unsafe conditions. This is a testament to how skilled attorneys can secure justice for their clients.
Steps to Take After Suffering a Burn Injury
- Seek immediate medical attention and document your injuries.
- If the event happened on someone else’s property or at work, report it. Ask for a copy of the written report.
- If you can, take photos and videos of your injury as well as the cause of it (like the defective product or the dangerous premises).
- Contact an experienced personal injury attorney promptly to discuss your case.
- Collect all relevant documentation such as medical records, bills, and receipts.
Suffered a Burn Injury in New Jersey Due to Someone Else’s Negligence? Contact Grossman Law Firm Today.
Burn injuries not only leave physical scars but also create emotional and financial burdens that can feel overwhelming. If you or a loved one has suffered a burn injury in New Jersey due to someone else’s negligence, you have the right to seek justice and compensation. Liability determination can be difficult, but with the correct legal advice, you can hold those at fault accountable and obtain the funds you need to recover.
At The Grossman Law Firm, we are passionate about protecting the rights of burn injury victims. With over 27 years of experience and millions recovered in settlements, we are well-poised to help you navigate your case and fight for the compensation you deserve. Don’t let insurance companies undervalue your claim — let us stand by your side and advocate for your best interests.
Take the first step today. Contact us for a free consultation at (732) 625-9494 or visit GrossmanJustice.com. Unless we win your case, you don’t pay anything. Let us help you turn this challenging time into a path toward recovery and justice.
