California Burn Injury Lawyer

How burn cases arise, and the theory that follows

The mechanism determines the legal theory, which determines who pays.

Vehicle fires and collisions. Post collision fire, fuel system failure, and restraint related thermal injury. Claims run against the at fault driver and, where a component failed, against a manufacturer.

Defective products. Lithium ion battery failures in e-bikes, scooters, laptops and phones, space heaters, pressure cookers, and appliances. These proceed on product liability rather than ordinary negligence, and the responsible parties can include the manufacturer, distributor, and retailer.

Property conditions. Faulty wiring, missing or non-functioning smoke detectors, unsafe water heater settings producing scald injuries, and inadequate maintenance in rental housing. The duty comes from Civil Code § 1714(a), which makes everyone “responsible… for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”

Chemical exposure. Industrial and household chemical contact, including delayed presentation injuries where the damage continues after exposure ends.

Public property. Where a dangerous condition of public property contributed, Government Code § 835 applies, along with the six month claim deadline.

Why early valuation is usually wrong

A burn claim settled at the end of the initial hospitalization is almost always settled too early, because the cost drivers have not yet appeared:

• Scar maturation takes many months. The appearance at discharge is not the final appearance, and revision surgery decisions are made later.
• Contractures across joints can restrict function and require release procedures well after the original injury.
• Repeat procedures. Grafting is often staged.
• Psychological injury. Visible scarring, particularly on the face, hands and neck, carries consequences that Civil Code § 1431.2(b) recognizes as compensable non-economic loss, including mental suffering, emotional distress and humiliation.
• Occupational impact. Heat intolerance, grip limitation, and appearance related effects on client facing work.

This is why documentation over time matters more in burn cases than in almost any other injury type. Photograph at every stage of healing.

What can be recovered

Economic damages, in the statutory language of Civil Code § 1431.2(b), are “objectively verifiable monetary losses including medical expenses, loss of earnings,” and related categories. In a burn case that typically means acute care, reconstructive and revision surgery, therapy, compression garments, medication, in home assistance, lost income, and reduced earning capacity.

Non-economic damages are “subjective, non-monetary losses including… pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation.”

Where several parties share fault, for example a landlord and a product manufacturer, Civil Code § 1431.2(a) makes each defendant’s liability for non-economic damages “several only,” so each pays its own percentage share. That allocation is worth fighting about, and it is a reason to identify every responsible party rather than settling with the easiest one.

Evidence, and what disappears fastest

• Preserve the product. Do not discard the heater, battery, charger, or appliance. In a product case the item itself is the case. Photograph it in place before anything is moved.
• Fire department and fire marshal reports, and any origin and cause investigation.
• The scene, before repair or cleanup.
• Photograph the injury at every stage, from initial presentation through each procedure.
• Maintenance and complaint records in a rental property case, including prior tenant complaints.
• Purchase records, model and lot numbers, and any recall history.

Deadlines

Two years from the date of injury under Code of Civil Procedure § 335.1. Where a public entity may be responsible, a written claim generally must be presented within six months under Government Code § 911.2. For an injured child, Code of Civil Procedure § 352(a) tolls the limitations period during minority, though § 352(b) does not extend the government claim requirement.

About this page: Prepared for Not My Fault Law Group, APC. Responsible attorney: Joshua B. Adelpour, Esq., California State Bar No. 318226. Last updated September 4, 2026. This page provides general information about California law and is not legal advice about your situation.