Proving Negligence: Key to Winning Your Burn Injury Lawsuit | Get Injured Lawyer

Burn injuries are among the most devastating and painful injuries a person can experience. Beyond the immediate physical trauma, burn survivors often face long-term medical treatment, emotional distress, and financial burdens. According to Johns Hopkins, unintentional injuries, including those from burns, are the most common cause of death for children and tweens. When a burn injury results from someone else’s carelessness or wrongful actions, the injured party has the right to seek compensation through a personal injury lawsuit. However, winning a burn injury lawsuit hinges on proving negligence.

Understanding Negligence in Burn Injury Cases

In legal terms, negligence refers to a failure to exercise reasonable care, resulting in harm to another person. Most lawsuits involving burn injuries are filed under the theory of negligence. To win a burn injury lawsuit based on negligence, the plaintiff (the injured party) must demonstrate the following four elements:

Duty of Care: The defendant (the party being sued) owed a legal duty of care to the plaintiff. This means the defendant had a responsibility to act in a way that would not cause harm to others.
Breach of Duty: The defendant breached their duty of care by acting carelessly or failing to act when they should have.
Causation: The defendant’s breach of duty directly caused the plaintiff’s burn injuries.
Damages: The plaintiff suffered actual damages as a result of the burn injuries, such as medical expenses, lost wages, and pain and suffering.

Establishing Duty of Care

The first step in proving negligence is establishing that the defendant owed the plaintiff a duty of care. This duty can arise in various situations, including:

Property Owners: Property owners have a duty to maintain safe premises for visitors, tenants, and employees. This includes ensuring fire safety, maintaining electrical systems, and properly storing hazardous materials.
Employers: Employers have a duty to provide a safe workplace for their employees, including providing adequate training, safety equipment, and protocols for handling hazardous substances.
Product Manufacturers: Manufacturers have a duty to design and produce safe products and to provide adequate warnings about potential hazards.
Drivers: Drivers owe a duty of care to other road users to operate their vehicles safely and to obey traffic laws.

Demonstrating Breach of Duty

Once a duty of care is established, the next step is proving that the defendant breached that duty. This can involve demonstrating that the defendant acted carelessly, recklessly, or intentionally in a way that violated their duty of care. Examples of breaches of duty in burn injury cases include:

A landlord failing to install or maintain smoke detectors in a rental property.
An employer failing to provide employees with proper protective gear when working with hazardous chemicals.
A manufacturer producing a defective product that causes a fire or explosion.
A driver driving under the influence of alcohol or drugs, causing a car accident and subsequent fire.

Proving Causation

The third element of negligence is causation, which requires establishing a direct link between the defendant’s breach of duty and the plaintiff’s burn injuries. This means showing that the burn injuries would not have occurred if the defendant had not breached their duty of care. Expert testimony, fire investigation reports, and evidence of safety violations can help establish causation.

Establishing Damages

The final element of negligence is damages, which refers to the losses suffered by the plaintiff as a result of the burn injuries. These damages can include:

Medical Expenses: Coverage for current and future medical treatment, surgeries, medication, rehabilitation, and therapy related to the burn injury.
Lost Wages: Compensation for income lost due to the inability to work during the recovery period, as well as any future lost earning capacity.
Pain and Suffering: Damages for physical pain, emotional distress, and diminished quality of life resulting from the burn injury.
Disfigurement and Disability: Additional compensation for any permanent scarring, disfigurement, or disability caused by the burn.

The Role of Evidence in Proving Negligence

Evidence is crucial in proving negligence in a burn injury lawsuit. Types of evidence that can be used to support a claim include:

Medical Records: Official documentation of the extent and nature of the burns, subsequent treatments, prognosis, and any future treatments or rehabilitation needed.
Photographs and Videos: Visual documentation of the accident scene, the injuries sustained, and the progression of healing.
Witness Statements: Accounts from individuals who witnessed the accident or have knowledge of the events leading up to it.
Accident Reports: Police, fire department, or workplace safety reports that provide details on the cause of the injury.
Expert Testimony: Opinions from medical professionals, fire investigators, or accident reconstruction specialists.

Negligence Per Se: A Simplified Approach

In some cases, proving negligence can be simplified through the doctrine of “negligence per se.” Negligence per se applies when a defendant violates a safety law or regulation designed to protect people in the same position as the plaintiff, and that violation results in injury. In such cases, the plaintiff does not need to prove duty of care and breach of duty, as the violation of the law establishes negligence automatically.

To establish negligence per se, the plaintiff must show that:

The defendant violated a law or regulation designed to protect against the alleged harm.
The plaintiff belongs to the class that the law or regulation was intended to protect.
The violation caused the plaintiff’s injury.

Comparative Negligence

It’s important to note that some states follow the principle of comparative negligence, which means that the plaintiff’s own negligence can reduce the amount of compensation they receive. If the plaintiff is found to be partially at fault for the burn injury, their damages will be reduced by their percentage of fault. In some states, if the plaintiff is found to be more than 50% at fault, they may not be able to recover any compensation.

The Importance of a Burn Injury Lawyer

Proving negligence in a burn injury lawsuit can be a complex and challenging process. It requires gathering evidence, interviewing witnesses, consulting with experts, and navigating complex legal procedures. An experienced burn injury lawyer can help you:

Investigate the cause of the burn injury.
Identify all potential defendants.
Gather and preserve evidence to support your claim.
Negotiate with insurance companies.
File a lawsuit and represent you in court, if necessary.

Seeking Justice and Compensation

If you or a loved one has suffered a burn injury due to someone else’s negligence, it is crucial to seek legal representation as soon as possible. A skilled burn injury lawyer can help you understand your rights, assess the value of your claim, and fight for the compensation you deserve. Don’t hesitate to contact a qualified attorney to discuss your case and explore your legal options.