Attorney Michael Rehm — (800) 978-0754
Attorney Michael Rehm represents burn injury victims throughout Fresno and Fresno County. Burn injuries produce some of the most prolonged and medically intensive recoveries in personal injury law. Treatment involves multiple surgeries, skin grafting, wound care, physical and occupational therapy, and in many cases long-term management of scarring, contracture, and psychological trauma. The costs are substantial, and the defendants who cause these injuries — negligent property owners, vehicle manufacturers, chemical companies, employers — and their insurers contest liability and damages aggressively. This page explains the legal framework for burn injury claims under California law.
Causes of Burn Injuries in Fresno County
Burn injuries in Fresno County arise from a range of mechanisms. Vehicle fires following high-energy collisions are a significant source, particularly in crashes involving commercial vehicles carrying flammable cargo on Highway 99 and Interstate 5. Agricultural equipment fires on Fresno County farmland — caused by equipment malfunction, fuel system failures, and harvest operations — injure farmworkers and equipment operators. Chemical burns from pesticide and industrial chemical exposure are relevant in the San Joaquin Valley's agricultural context. Residential and commercial structure fires caused by negligent wiring, defective appliances, gas leaks, and landlord failures to maintain properties result in thermal and smoke inhalation injuries. Workplace explosions in industrial facilities and chemical storage sites also occur in the Fresno area.
Legal Standards — Multiple Liability Theories
The applicable legal theory depends on the mechanism of the burn and who caused it.
Negligence is the foundational theory for most burn injury cases. California Civil Code section 1714(a) provides that everyone is responsible for injury caused by want of ordinary care or skill in the management of property or person. The full text of Civil Code section 1714 is at leginfo.legislature.ca.gov. A property owner who fails to maintain a safe gas system, a landlord who ignores a tenant's complaints about faulty wiring, or a driver who rear-ends a fuel tanker at highway speed and causes an explosion has breached the duty of care.
Products liability applies where a defective product — a vehicle fuel system, an industrial heating element, a chemical container, a piece of agricultural equipment — caused or contributed to the fire or explosion. California's strict products liability doctrine, established in Greenman v. Yuba Power Products (1963) 59 Cal.2d 57, holds a manufacturer strictly liable for injuries caused by a product placed into the stream of commerce in a defective condition. Three categories of defect are recognized: design defect, manufacturing defect, and failure to warn. A manufacturer of a fuel system component that fails in a foreseeable collision, causing a post-crash fire that the system was designed to prevent, may be liable under all three theories.
Premises liability applies where the burn occurred on another person's property due to a dangerous condition. A landlord who maintains a residential property with a faulty gas appliance, an employer who maintains an industrial workspace without adequate fire suppression, or a commercial property owner with defective electrical systems may be liable under Rowland v. Christian (1968) 69 Cal.2d 108 and the general reasonableness standard of Civil Code section 1714.
Employer liability applies where the burn occurred in the course of employment. A farmworker burned by a pesticide application or equipment fire in the scope of employment may have both a workers' compensation claim and, in appropriate circumstances, a civil tort claim against third parties — the equipment manufacturer, a chemical company, or a contractor responsible for the dangerous condition. California Labor Code provisions governing agricultural worker safety and Labor Code section 3852 preserve an injured worker's right to pursue a civil claim against a negligent third party.
Classification of Burn Injuries
Burns are classified by depth. First-degree burns affect only the outer layer of skin and typically heal without scarring. Second-degree burns extend into the dermis and produce blisters, intense pain, and risk of infection; deep second-degree burns often require grafting. Third-degree burns destroy the full thickness of skin and underlying tissue, require skin grafting, and leave permanent scarring. Fourth-degree burns extend into fat, muscle, and bone. Total body surface area involvement — expressed as a percentage — determines the severity and the required treatment protocol. Burns covering more than 20 to 25 percent of total body surface area typically require treatment at a specialized burn center.
Damages in a Burn Injury Case
Recoverable damages under Civil Code section 3333 include past and future medical expenses — acute care, surgical procedures, skin grafting, wound care, physical and occupational therapy, scar management, and psychological treatment; lost wages and loss of earning capacity; and non-economic damages for physical pain, disfigurement, emotional distress, post-traumatic stress disorder, and loss of enjoyment of life. Burn injuries routinely produce some of the highest non-economic damage awards in California personal injury cases because the pain, disfigurement, and functional limitation are severe, prolonged, and often permanent. In cases involving malice, oppression, or fraud, punitive damages may be available under Civil Code section 3294.
Filing a Lawsuit in Fresno County Superior Court
Burn injury lawsuits arising in Fresno County are filed in the Fresno County Superior Court, B.F. Sisk Courthouse, 1130 O Street, Fresno, CA 93721. Electronic filing is mandatory for represented parties under Code of Civil Procedure section 1010.6(g).
Statute of Limitations
The statute of limitations for personal injury claims is two years from the date of injury under Code of Civil Procedure section 335.1. Missing this deadline can potentially bar a lawsuit. The statute of limitations is an affirmative defense the defendant must raise and prove. Tolling doctrines may apply. Contact Attorney Michael Rehm to assess the specific timeline in your case.
Related Pages
- Fresno Personal Injury Attorney
- Fresno Truck Accident Attorney
- Fresno Agricultural Equipment Accident Attorney
- Fresno Pesticide Injury Attorney
- Fresno Wrongful Death Attorney
Attorney Michael Rehm handles burn injury cases throughout Fresno and Fresno County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.
The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.
