Doctor attending to a burn injury

How Do You Determine Liability in Burn Injury Cases in New Jersey?  

By Bruce Nagel
Partner

Burn injuries are more common than most assume. Johns Hopkins reports unintentional injuries, including those from burns, are the most common cause of child and tween death. An estimated 3,500 kids and adults die from burns and fires each year. 

The vast majority of scalding burns can be prevented with proper preventive measures. This is your guide to legal liability for burn injury cases including a look at how to get help from a New Jersey personal injury attorney.

Determining Fault for Burn Injuries

Burn injuries are a form of severe tissue damage that leads to medical problems with the potential to compromise bones and skin. The worst burns end lives.

The challenge lies in proving one or several other parties’ lack of due care caused the burn injury. The failure to provide others with due care is negligence. 

A personal injury attorney in New Jersey will review your case, present evidence to prove fault, and seek damages. Though few know it, the merit of the argument presented in court is just as important as the facts of the case.

The determination of fault in a burn injury case requires a thorough evaluation of the unique circumstances of the incident. The site of the fire and the cause of its formation matter. The individual responsible for starting the fire or other source of heat that led to the burn also matters. 

Your attorney will investigate whether safety protocols were adhered to. There might have also been prior complaints about hazards or unsafe conditions at the site where the injury occurred. 

Examples of Negligence That Cause Burn Injuries

Burn injury attorneys commonly point to different categories of negligence to prove legal liability for burn injuries. As an example, burn injuries commonly occur during auto accidents resulting from reckless or impaired drivers. Burn injuries can also result from premises with hazardous conditions, faulty security, or code violations.

In some cases, products cause burns. Defective, combustible, or otherwise dangerous products with design flaws or even manufacturing flaws can explode and burn skin. If such products have the potential to cause even a slight burn or combustion, they must have adequate warnings.

There is also the potential for unsafe working conditions to lead to burn injuries. Insufficient training, the lack of safety measures, and unsafe equipment all play a role in such workplace burn injuries.

The Merits of an Outside Expert’s Testimony

Product manufacturers, employers, drivers, and others will not admit fault for burn injuries. Piecing together the legal liability puzzle often requires the analysis of an outside expert. A forensic evidence expert will analyze the burn incident in an attempt to establish fault.

Examples of other experts who provide testimony about the causes of burn injuries include:

  • Medical treatment providers
  • Product Specialists
  • Engineers
  • Safety professionals

As long as the expert is unbiased, his or her testimony will hold sway in a court of law.

Contact Our Burn Injury Attorney 

If you or a loved one suffers a burn injury in New Jersey, you deserve expert legal guidance. Contact us today to schedule a case evaluation and we’ll help you obtain financial compensation to right this wrong.

About the Author
Bruce H. Nagel is widely recognized as one of the premier trial attorneys in the country. His firm has been included in the National Law Journal’s list of America’s Top 50 Elite Trial Lawyers. He specializes in complex litigation including serious personal injury, class actions, medical malpractice, birth injuries, transportation accidents, and business disputes and has obtained over $1 billion in settlements and verdicts for his clients. If you have any questions regarding this article, you can contact Bruce here.