Can You Sue a Property Owner for a Burn Injury?
Burn injuries are among the most painful and life-altering injuries a person can suffer. Severe burns often require extensive medical treatment, multiple surgeries, long-term rehabilitation, and can leave permanent scarring or disability. When a burn injury happens on someone else’s property, many victims ask an important question: Can you sue a property owner for a burn injury?
In many cases, the answer is yes—but only if certain legal conditions are met. Burn injury claims involving property owners typically fall under premises liability law, which focuses on whether the property owner failed to maintain a reasonably safe environment.
This article explains when a property owner may be legally responsible for a burn injury, what victims must prove, and what types of compensation may be available.
Understanding Premises Liability and Burn Injuries
Premises liability law holds property owners and occupiers responsible for injuries caused by dangerous or unsafe conditions on their property. These cases are not limited to slip and fall accidents—they also apply to fires, explosions, chemical exposure, electrical hazards, and other burn-related dangers.
Property owners have a legal duty to:
- Maintain their property in a reasonably safe condition
- Repair or remove known hazards
- Warn visitors of dangers that are not obvious
When they fail to meet this duty and someone is burned as a result, they may be held liable for the injuries.
Common Burn Injuries Linked to Property Owner Negligence
Burn injuries on someone else’s property can occur in many ways, including:
- Apartment or hotel fires caused by faulty wiring
- Gas leaks or explosions
- Malfunctioning water heaters causing scalding injuries
- Electrical burns from exposed wiring
- Chemical burns from improper storage or spills
- Burns caused by defective heating systems or appliances
- Kitchen fires in restaurants or commercial buildings
In each of these situations, liability depends on whether the property owner knew or should have known about the dangerous condition and failed to address it.
When Can You Sue a Property Owner for a Burn Injury?
You may be able to sue a property owner for a burn injury if you can prove the following elements:
1. The Property Owner Owed You a Duty of Care
The level of duty owed depends on your legal status on the property, such as:
- Invitees (customers, tenants, hotel guests) – owed the highest duty of care
- Licensees (social guests) – owed a duty to warn of known dangers
- Trespassers – owed limited protection, with some exceptions
Most burn injury claims involve invitees or tenants, who are entitled to strong legal protections.
2. A Dangerous Condition Existed
You must show that a hazardous condition existed on the property, such as:
- Faulty electrical systems
- Unmaintained fire safety equipment
- Improper storage of flammable or corrosive substances
- Broken or outdated appliances
The danger must pose an unreasonable risk of harm.
3. The Property Owner Knew or Should Have Known About the Hazard
Liability often hinges on whether the property owner:
- Had actual knowledge of the danger, or
- Should have discovered it through reasonable inspections
For example, a landlord who ignores repeated complaints about faulty wiring may be held responsible for a resulting fire.
4. The Failure to Act Caused Your Burn Injury
You must prove that the dangerous condition directly caused your burn injury—not an unrelated or unforeseeable event.
5. You Suffered Damages
Finally, you must show that you suffered real losses, such as:
- Medical expenses
- Lost income
- Pain and suffering
- Permanent scarring or disability
Burn Injuries in Rental Properties and Apartments
Landlords have a legal obligation to maintain rental properties in a habitable and safe condition. Burn injuries in apartments or rental homes commonly involve:
- Electrical fires
- Gas leaks
- Faulty smoke detectors
- Broken heating systems
If a landlord fails to correct known safety issues—or violates building or fire codes—they may be liable for resulting burn injuries.
Burn Injuries in Commercial Properties
Commercial property owners, such as restaurant owners, hotel operators, and retail businesses, owe a high duty of care to customers.
Examples of commercial burn injury claims include:
- Hot liquid spills or scalding injuries
- Kitchen fires
- Improperly maintained heating equipment
- Chemical exposure in industrial or service settings
Businesses may also be responsible for the actions of employees whose negligence causes a burn injury.
What If the Property Owner Claims the Burn Was Your Fault?
Property owners and insurance companies often argue that the injured person:
- Was not paying attention
- Misused equipment
- Entered a restricted area
Even if you were partially at fault, you may still recover compensation under comparative negligence rules, though your recovery may be reduced based on your share of responsibility.
What Compensation Can You Recover in a Burn Injury Lawsuit?
If you successfully sue a property owner for a burn injury, you may be entitled to compensation for:
Economic Damages
- Emergency medical treatment
- Hospitalization and surgeries
- Skin grafts and rehabilitation
- Lost wages and reduced earning capacity
Non-Economic Damages
- Physical pain and suffering
- Emotional distress and trauma
- Loss of enjoyment of life
- Scarring and disfigurement
In severe cases, burn injury compensation can be substantial due to the long-term physical and psychological impact.
What About Burn Injuries Caused by Third Parties?
In some situations, more than one party may be responsible, such as:
- A maintenance company
- A utility provider
- A product manufacturer
You may be able to pursue claims against multiple defendants, depending on the facts of the case.
Evidence That Can Strengthen a Burn Injury Claim
Strong evidence is critical in premises liability burn cases. Helpful evidence may include:
- Fire department or inspection reports
- Maintenance and repair records
- Building code violations
- Surveillance footage
- Witness statements
- Medical documentation
The sooner evidence is preserved, the stronger your claim may be.
Time Limits to File a Burn Injury Lawsuit
Burn injury claims are subject to strict statutes of limitations, which vary by state. Missing the filing deadline can permanently bar your right to compensation.
Because these cases often involve investigations and expert analysis, acting quickly is important.
Final Thoughts
So, can you sue a property owner for a burn injury? In many cases, yes—if the burn was caused by a dangerous condition on the property and the owner failed to take reasonable steps to prevent harm.
Burn injuries can have lifelong consequences, and property owners and insurers often fight these claims aggressively. Understanding premises liability rules, gathering strong evidence, and knowing your legal options are essential steps toward recovery.
If you’ve suffered a serious burn injury on someone else’s property, speaking with an experienced personal injury attorney can help you determine whether the property owner may be held legally responsible and what compensation may be available under the law.
Burn injury cases involving unsafe properties often require detailed investigations, expert analysis, and aggressive advocacy to hold negligent property owners accountable. Guajardo Injury Law has experience representing individuals who have suffered serious burn injuries due to dangerous conditions on residential, commercial, and industrial properties.
Their legal team understands how premises liability law applies to fires, explosions, electrical hazards, and chemical exposure, and they work diligently to identify all responsible parties and pursue full compensation for medical expenses, lost income, pain and suffering, and long-term care needs. By providing personalized attention and fighting insurance companies on behalf of injured clients, Guajardo Injury Law helps burn injury victims focus on healing while their attorneys handle every aspect of the legal process.
