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What Compensation Will A Burn Injury Sufferer Be Entitled To?

Jan 30, 2022 | Personal Injury

Burn injuries are among the most painful and life-threatening injuries a person may sustain. Because of the seriousness of these injuries, medical therapy sometimes necessitates prolonged treatment and possibly a variety of surgeries performed, and even still, patients may be left with permanent scarring.

Many burn damage sufferers also suffer from agony and psychological scars that make it nearly hard to live life as they had before.

How Do Burn Injuries Result?

Fires, on the other hand, aren’t the only source of burn injuries. A burn injury can result from a variety of factors, including a defective product, a workplace accident, or negligence from another party.

In general, the person or company who causes a burn injury will be held liable to the sufferer for his or her damages. Fires, as well as items and activities that might cause burns, are common in Los Angeles.

What Compensation Will a Burn Injury Sufferer Be Entitled To?

A burn injury is a sort of personal injury, and victims are allowed to pursue monetary damages for their physical injuries and financial losses through a personal injury claim. A sufferer of a burn injury may be entitled to compensation for:

  • Emotional anguish
  • Wages that have been lost
  • Loss of property
  • Medical expenses
  • Companionship loss
  • Suffering and pain
  • Loss of earning potential

Burn injury claims are typically founded on:

  • Negligence
  • Defects in the product
  • Liability for the premises

A wrongful act made by an individual, company, or group that causes harm to another is known as negligence. Because California is a comparative negligence state, a burn injury victim may still be entitled to compensation even if he or she is deemed partially responsible for the accident. The possible damages for a burn injury victim will be lowered by level of fault. In order to prosecute a burn injury claim successfully, a victim must show that:

  • The defendant owes a duty of care to the burn injury sufferer.
  • This duty of care was breached by the defendant.

Common Types of Burn Injuries

If a burn accident occurs as a result of a hazard on their land, the property owner may be held accountable. All property owners and occupants are legally expected to keep their property in reasonably safe conditions under California premises liability law. This means that every property owner has a responsibility to maintain their property, correct any harmful circumstances, or at the very least issue adequate warnings about any hazardous conditions. The following are some of the most common causes of burn injuries:

  • Accidents in the kitchen
  • Accidents on the jobsite
  • Accidents involving fireworks
  • Accidents in automobiles
  • Accidents in restaurants
  • Burns from a tanning salon
  • Burns caused by chemicals

Distribution of Faulty Products

A corporation that manufactures or sells a faulty product that results in a burn damage may be held accountable for any losses incurred. Anyone participating in the chain of distribution, including product designers, producers, and retailers, can be held strictly accountable for accidents caused by a faulty product, according to product liability law.

The following are some of the most common issues in strict liability cases:

  • Errors that occurred during the design process
  • Defects in the manufacturing process are a common occurrence.
  • There aren’t enough cautions or instructions.

After a burn injury, a sufferer must establish the following in order to win a product liability lawsuit:

  • This product was used in a reasonable manner by a burn damage survivor.
  • A defective product was conceived, manufactured, or sold by the defendant.
  • A significant factor that contributed to a burn injury victim’s losses was a product defect.
  • When the product left the defendant, it already had a design, manufacturing, or warning flaw.

Contact a Los Angeles Attorney Today

If you or someone you know has been injured, feel free to reach out to our office at 310-933-5171.