Burn injuries can be incredibly debilitating and, depending on their severity, can result in invasive reparative surgery and expensive hospital treatment. If you or a loved one has endured a burn injury as the consequence of the fault of another, you may be able to sue the company, employer, school, daycare, manufacturer, hospital, doctor, or other at-fault parties for the damages. At the top-rated Normandie Law Firm, our qualified Oxnard and Ventura burn injury lawyers can walk you through the process of forming your case, filing your claim, and reaching a settlement. If you have any questions after reading this article, feel free to contact our top law firm to speak with a lawyer experienced in burn injury cases.
Burn Injuries
Burn injuries are characterized by minor or severe damage to an individual’s skin. This damage can brush the surface and form minor scalding injuries or it can extend deeper, damaging more vital tissues. In most cases, burn injuries occur in the home, often from a barbecue grill or a clothing iron. When more severe incidents do happen, it is recommended that the victim seek immediate medical attention. While burns can be caused by exposure to heat (thermal burns), they can also be caused by exposure to harsh alkaline or acidic chemicals, electrical currents, radiation from x-rays, and overexposure to ultraviolet light. The source of a burn can affect the burn’s characteristics. For instance, a burn from an electrical current is hard to diagnose visually, while harsh burn from a clothing iron will be obviously apparent. For this reason, all severe burns should be viewed by a medical professional as there is no telling what kind of residual damage you may have suffered. If you need to be recommended to a burn treatment center or skilled medical practitioner, contact our attorneys with experience in burn injury cases.
The severity of burns comes in four of the following degrees:
- First-Degree Burns: Often referred to as a ‘superficial burn,’ first-degree burns are considered the most common kind victims tend to receive. First-degree burns can often be treated at home by running the burned area under cold water, or applying burn cream if the burn is especially severe. In most cases, first-degree burns are characterized by a reddening of the skin.
- Second-Degree Burns: Second-degree burns are often characterized by a blistering and a reddening of the skin. While some can be treated at home, more severe cases of second-degree burns may require medical attention. Second-degree burns are considered the most immediately painful.
- Third-Degree Burns: All third-degree burns should be met with immediate medical care. Third-degree burns are not often immediately painful due to the damage done to the nerves and the immediate shock; however, they can inflict long lasting damage to all layers of the skin. Third-degree burns are characterized by a charring of the skin and typically have a rough leathery texture.
- Fourth-Degree Burns: Fourth-degree burns are the most severe form of burn and require immediate medical attention. Treatment of fourth-degree burns often leads to a loss of the burned region as they do damage to all skin layers including deeper tissues such as muscles, tendons and even bone.
If you or a loved one experience any degree of burn injury by the fault or harmful intent of another, you have a right to pursue legal action against that party. When pursuing legal action, it is also recommended to retain skilled legal consultation to help guide you through the complexities of filing a lawsuit. At Normandie Law Firm, we can place you with one of our accomplished attorneys who have experience handling burn injury claims. The various situations in which you may pursue legal action against an at-fault party can be explained by an experienced attorney.
Burn Injuries Caused By Defective Products
If you or a loved one has received a burn injury by a defective product, the product manufacturer, product retailer, or assembly company can be held liable for your damages. All consumers are protected under Product Liability Laws. Under these laws, companies can be found responsible for the damages of a consumer if they produce, manufacture or sell a product that is inherently defective. These laws also make it easier for consumers to file lawsuits against large manufacturing companies. Below is a list of possible defects that can occur during the production chain of a product:
- Design Defects: Design defects make a product inherently dangerous as they occur before the product is even put on the assembly line. If this is the case, the company that designed the product can be held liable, and in some instances may lead to a recall of that specific product
- Manufacturing Defect: Manufacturing defects occur during the actual production of the product. These defects can be sparse amongst a product line or wide spread, depending on the defect itself. In this case, whichever company was responsible for assembling the product could be found liable.
- Retailer Defects: retailer defects appear when a retail store places a defective product on the shelf of their place of business. The defect itself could have happened during transit from the manufacturer to the retailer, or while it was on store shelves. Regardless, if a retailer is aware of a product defect occurring at their location and does nothing to remedy the problem, then they could be found liable for damages.
An attorney who has experience in burn injuries from defective products can help you file a lawsuit.
Burn Injuries At Construction Sites
Construction workers who sustain burn injuries at their site are fortunately able to claim benefits through their employer’s workers’ compensation insurance. However, unlike most work related injuries, if the burn injury is at the fault of another party that worker can pursue legal action and receive funds both from a settlement and their workers’ compensation benefits. A construction worker can pursue legal action against the construction site owner, the general contractor, a sub-contractor, the manufacturer of any faulty construction equipment, or any other liable third party. These cases can often be complicated without the proper knowledge and resources, so we’ve provided a series of questions an expert attorney will most likely ask when you file your claim.
- Who was responsible for safety protocols at the construction site?
- Were any industry standards, like OSHA standards, violated at the site?
- What was the nature of the injury? Was the injury sudden, like an electrical burn, or did it develop over time?
- Was the injury reported to your employer?
- Did your employer provide safety equipment to help prevent injury?
- Did your employer provide safety training for all of their workers?
- Have any other workers at the same site been injured similarly?
Workplace Burn Injuries
Burn injuries that occur at the work place will almost always result in the victim claiming workers’ compensation benefits. Even if caused by the neglect of an employer, it is highly unlikely that you can file a viable lawsuit against them. The amount one can claim from workers’ compensation benefits varies from state to state, and in most cases can cover damages like medical expenses and a portion of lost wages. There are two instances, however, wherein you have a right to sue your employer for damages:
- A Lack of Workers’ Compensation Benefits: All employers within the United States are expected to supply their employees with proper workers’ compensation benefits. If your employer does not have sufficient workers’ compensation benefits insurance or lacks to have any benefits insurance at all, the employees have a right to pursue legal action.
- Intent to Harm: If it is found that your injuries were sustained due to your employers intent to cause bodily harm you may be able to pursue a personal injury lawsuit. This can come in many forms. For example, if your employer was aware of faulty wiring and intended for you or other employees to be harmed by it then a lawsuit for personal injury can be filed against that employer.
Home & Apartment Building Burn Injuries
Burn injuries occur most frequently at home, and in most cases happen without any fault other than user error. However, in instances when the real estate owner or management company is responsible for the damages a lawsuit can be filed against them. This can occur in a variety of ways. For example, if a resident makes a real estate owner aware of a dangerous wiring problem on the property, and that owner does nothing, leading to an injury of the resident, the owner can be held liable. However in the same light, if a resident burns themselves on a clothing iron, the real estate owner cannot be held responsible for the damages.
To file a successful claim against a real estate owner or property management company, you must be able to prove that they acted in negligence. Listed below are the four major elements that make up any successful case negligence.
- Duty: The plaintiff (tenant) must be able to show that the defendant (property owner) owed some legal duty to the plaintiff.
- Breach: The plaintiff must be able to show that the defendant breached this legal duty through specific actions or a failure to act
- Causation: The plaintiff must be able to show that the defendant’s actions, or lack thereof, led to the damages you are seeking compensation.
- Damages: The plaintiff must be able to show that they experienced specific damages. This can be done through the presentation of medical bills or evidence of a loss of wages due to the injury.
Burn Injury From Hospitals & Improper Care of Burn Injuries
If a burn injury or the improper care of a burn injury occurs under the care of a nurse, surgeon, doctor, hospital, or any other physician that party can be held responsible for compensating the victim for the damages they have endured. If a medical professional acted negligently while caring for a burn, that burn victim may have to undergo further medical treatments which can weigh heavily on their financial well being. That victim can then go on to pursue legal action against their physician. If an individual experiences a burn injury while under the care of a medical professional or while at a medical facility, he also has a right to file a lawsuit as well. In both cases, the negligence of the medical professional needs to be proven. Below is a list of the requirements for a successful medical negligence claim:
- The Existence of a Doctor-Patient Relationship
- The Negligence of the Health Care professional
- The Injury that was Caused by the Doctor’s Negligence
- The Specific Damages Caused by the Injury
When pursuing legal action against a health care professional, it is highly recommended that you seek the counsel of an attorney with expertise in burn injury lawsuits. The process of filing a lawsuit against any physician can be complicated and is challenging to pursue alone. At Normandie Law Firm our experienced Oxnard and Ventura medical malpractice attorneys can assist you in filing a viable lawsuit against the health care professional responsible for your injuries.
Burn Injuries at Schools & Day Cares
If a burn injury occurs at a school or day care, the school or day care staff can be held liable for damages under a breach of Due Care. Due Care is the level of care in which any reasonable school or day care would provide for its attendants under similar circumstances. A burn injury at a school or day care is especially damaging as burn injuries are more likely to occur in children and young infants who do not understand the hazards of certain hot objects like barbecues and ovens. Listed below are the two main elements which are evaluated when proving a school or day care’s breach of ‘Due Care’:
- The Cause of the Injury: What caused the injury? Was the injury caused by a lack of supervision or from a break of safety protocols? To prove a breach of ‘Due Care,’ you must be able to define the cause of your child’s injury.
- The Nature and Foresight of Injury: Could the injury have been avoided at another reasonably competent school or day care under the circumstances? If the answer to this question is yes, then the school or day care can be sued for a breach of Due Care, and a personal injury lawsuit can be filed against them.
How Normandie Law Firm Can Help
Burn injuries caused by the fault of others should not be suffered without pursuing proper compensation for your damages. Contact Normandie Law Firm today, and our team of well-versed Oxnard and Ventura bodily burn injury attorneys can walk you through the process of earning the compensation that you deserve. Our law firm is based near Ventura, but our attorneys practice in Orange County, Los Angeles, Bakersfield, Modesto, Fresno, San Francisco, San Jose, Oakland, Oxnard, San Diego, Riverside, San Bernardino and throughout all of California. As a further display of our commitment to you and your case, our firm operates under a strict zero fee guarantee policy. Under this policy, you don’t have to pay anything until we win your case. Call us today to speak with one of our experienced lawyers.
