Holding Negligent Parties Liable For Severe Burn Injuries
Data compiled by the American Burn Association shows some staggering statistics regarding the often life-altering injuries individuals suffer in fires. Those statistics show that 398,000 individuals in the U.S. suffered burns, and at least 29,165 people are admitted to burn centers each year. We highlight this data to call attention to just how commonplace burn injuries are. How do they occur, though?
Personal injury accidents often leave behind severe burns. These fires are to blame on the preventable actions of others and not the victims who end up suffering life-altering injuries or losing their lives. Below, we not only address the common causes of these debilitating injuries but also highlight how burn victims go about holding negligent parties liable for them.
What Are the Most Common Causes of Burn Injuries?
Of all the different types of personal injury accidents, the following rank at the top of the list for causing burn injuries:
- Workplace accidents occurring: From a heavy machine or power tool striking an electric line, the overloading of electrical outlets or exposure to moisture, and the mixing of toxic chemicals together, these are just a few examples of factors that may lead to, among other life-threatening injuries, burns. Individuals employed in manufacturing plants, chemistry laboratories, in construction, as electricians, and in the oil and gas or natural gas industry or as cooks are at a particularly high risk for burns. While the potential of someone suffering burn injuries may appear to “come with the territory,” employers failing to take certain preventative actions, like providing workers with protective gear, may impact workers’ safety.
- Use of dangerous or defective products: U.S. Consumer Product Safety Commission (CPSC) data shows that, in 2021, an estimated 193,450 consumers sought treatment in U.S. emergency rooms for burn injuries they suffered when using kitchen appliances, space heaters, fireworks, etc. While, undoubtedly, many of these incidents stemmed from consumer misuse, it’s likely that a decent amount of these incidents also occurred due to defective design, manufacturing, or failures to warn.
- Involvement in auto accidents: Data compiled by the U.S. Fire Administration (USFA) between 2014 and 2016 showed that there were approximately 171,500 vehicle fires on U.S. highways during that time frame. Considering how that number doesn’t account for all roadway types nor other scenarios (such as vehicles in parking lots or garages), that amount is likely significantly higher. Auto accidents, especially ones that involve the striking of a fuel tank, can result in burns.
- Dangerous premises situations: Property owners have a responsibility to keep their property reasonably safe, especially for those they explicitly invite or expect to visit their property. However, sometimes, they neglect to fix faulty electrical systems or prohibit the use of flammable substances or products in their facilities. To make matters worse, an owner’s failure to properly designate exits, for example, may make it so that individuals attempting to escape a burning building don’t know how to get out. All of these scenarios can result in either a preventable fire or more burn injuries and even fatalities than should have ever occurred.
The above are just some examples of the most common personal injury accidents that can lead to fires occurring that leave one or more victims with burn injuries.
Types of Burns
Burn injuries aren’t just caused by fires but instead can be caused by chemicals as well. When it comes to what individuals most commonly think about when they hear the word “burns,” those are first to fourth-degree ones.
While patients who suffer first-degree burns can generally recover from them in a matter of a few days on their own, third- and fourth-degree burns often leave behind significant scarring, disfigurement, and functional impairments. Recovery may involve multiple skin graft surgeries, wound care, pain management, and occupational and physical therapy. Some individuals who suffer the most severe types of burn injuries experience severe nerve damage. The depth at which their wounds permeate their flesh also puts them at risk of infection.
Holding Negligent Parties Financially Liable for Burn Injuries
The point behind our providing a brief overview of burn injuries above is to show that the more severe the injury is, the more significant the amount of time and cost in treating it. As mentioned above, direct care costs alone associated with treating a severely burned patient may include:
- Ambulance of life-flight helicopter transportation to a trauma care center
- Emergency room care
- Placement in a critical care department (like an intensive care unit) or transportation to a burn center
- Surgeries
- Respiratory therapy (if smoke inhalation occurred)
- Occupational therapy
- Physical therapy
- Medications, including anesthesia
- Wound management, including the changing of dressings by a home health aide after a patient’s discharge
In addition to the medical-related costs above (and others likely missed), a burn victim may be unable to work and thus miss pay. Their ability to return to their job may not be an option.
Fortunately, given all the costs above, it can be helpful to know that North Carolina law allows those burned who can prove that another party’s negligence caused them to suffer preventable harm to be eligible for compensation for those losses.
Now, the issue is that North Carolina adheres to the pure contributory negligence standard, meaning if the defendant (the party you allege engaged in wrongdoing) can show that you were at fault for what happened at all, you generally wouldn’t be eligible for compensation. This is just one factor that can impact your ability to secure damages in your personal injury case. The nature of your visit to someone else’s premises when you got hurt is another one.
The only way to know for sure if you might have a viable claim is to pass it by a personal injury attorney who knows North Carolina law and what qualifies one to take civil legal action against another. Contact us at Green Mistretta Law to have us review your burn injury case to see if you have a valid claim and, if so, to allow us to go over the steps you’ll want to take next.