Who Can File a Burn Injury Claim in Texas?
Burn injuries reach people in circumstances that vary more than most: at home, at work, in a vehicle, in a restaurant, as a child. Who may claim, and against whom, follows from the circumstance rather than from the injury.
- 138Google reviews
- 3Attorneys on your case
- 2 yrsTexas filing deadline
- No feeUnless we win
The injured person
Anyone burned through another party's negligence may bring a claim. Being partly responsible does not remove the right: Texas reduces recovery by the claimant's share and bars it only above 50 percent.
That matters in burn cases because insurers routinely argue that the injured person contributed by their own carelessness. Reduced is not the same as barred.
Parents on behalf of children
Children are disproportionately affected by scald injuries, from tap water, cookware, hot drinks and bath water, and by contact burns from appliances and heaters.
A claim is brought by a parent or guardian, and the limitations period generally does not begin until the child turns eighteen. Settlements involving minors require court approval, which exists to protect the child's interest rather than to obstruct the claim.
Workers
A worker burned on the job may have workers compensation benefits through a subscribing employer and, separately, a negligence claim against a third party such as an equipment manufacturer, a contractor or a chemical supplier.
Where the employer does not subscribe, the employer may be sued directly in negligence and loses common law defenses. Establishing subscriber status is one of the first questions.
Tenants, guests and customers
A tenant burned by faulty wiring, a defective water heater or an absent smoke alarm may claim against a landlord who knew or should have known. Guests and customers burned on commercial premises have premises liability claims.
Restaurant scalds, unguarded heating equipment and hot surfaces in accessible areas are the recurring commercial cases.
People injured by defective products
Appliances, heaters, electronic devices with lithium batteries, flammable fabrics, chemicals with inadequate warnings and vehicles that caught fire after a collision.
The claim lies against the manufacturer or supplier and depends entirely on the product being preserved. A burned appliance thrown away during cleanup takes the claim with it.
Families after a fatal burn injury
The surviving spouse, children and parents may bring a wrongful death claim. Siblings cannot in Texas.
The estate may separately bring a survival claim covering conscious pain and suffering before death, medical costs and funeral expenses. Where a person survived for a period before dying, the survival element can be substantial.
Summary
| Claimant | Usual defendant | Note |
|---|---|---|
| Injured person | Whoever was at fault | Partial fault reduces, does not bar below 51 percent |
| Parent for a child | Depends on circumstance | Limitations generally runs from age 18 |
| Worker | Third party, or non-subscribing employer | Comp may run alongside |
| Tenant | Landlord | Wiring, water heater, smoke alarms |
| Customer or guest | Premises occupier | Restaurant and commercial scalds |
| Product user | Manufacturer or supplier | Product must be preserved |
| Spouse, children, parents | Wrongful death | Siblings cannot in Texas |
Keep reading
Texas Burn Injury Lawyer
Burn injuries are measured by depth and by how much of the body is affected, and both drive a course of treatment that can run for years.
Practice areaBurn Injury Claim Value
Burn claims are valued differently from other injuries because the treatment does not end.
ReadDeadline to File a Burn Injury Claim
Two years, with the usual exceptions.
ReadWho Is Liable for a Burn Injury?
Burns come from fire, scalds, chemicals, electricity and radiation, and each source points at a different defendant.
ReadGas Explosion Claim Value
Explosion claims sit at the severe end of injury litigation.
ReadConstruction Accident Claim Value
The answer turns on something most injured workers are never told: whether the claim is a workers compensation claim, a third-party claim, or both.
Read
Frequently asked questions
Yes, as parent or guardian. The limitations period generally does not begin until the child turns eighteen, and any settlement involving a minor requires court approval to protect the child's interest.
Potentially, against a landlord who knew or should have known of the defect. Faulty wiring, defective water heaters and absent or non-working smoke alarms are the recurring issues.
The claim lies against the manufacturer or supplier, and it depends on the product being preserved. A burned appliance discarded during cleanup usually takes the claim with it, so keep it however damaged.
Yes, unless you are found more than 50 percent responsible. Below that, recovery is reduced by your percentage share rather than barred, and insurers routinely raise the point in burn cases.
Talk it through with a lawyer
A free consultation covers whether you have a claim, what the deadline is, and what insurance is actually available.
Contingency fee. You pay nothing unless we win.