Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents burn injury victims throughout San Jose and Santa Clara County. Burn injuries are among the most painful and medically complex injuries a person can suffer. Treatment is prolonged, often requiring multiple surgeries, skin grafts, and years of rehabilitation. Scarring and disfigurement are frequently permanent. The damages in a serious burn case are substantial — and establishing the full extent of those damages requires building the medical record carefully from the outset.

How Burn Injuries Arise in Personal Injury Cases

Burn injuries in personal injury cases arise from vehicle accidents involving fires or explosions, defective products that overheat or ignite, chemical exposure at workplaces or on public property, gas line failures, electrical accidents, and premises fires caused by inadequate safety measures. The legal theory that applies depends on how the burn occurred and who is responsible.

In a vehicle accident case, a driver who causes a collision that results in a fire is liable under the general duty of ordinary care imposed by Civil Code § 1714(a). In a defective product case — a lithium battery that ignites, a gas appliance that malfunctions, a vehicle with a defective fuel system — the manufacturer may face strict products liability under Greenman v. Yuba Power Products (1963) 59 Cal.2d 57. In a premises case, the property owner's duty to maintain the premises in a safe condition and to address known fire hazards applies under the same general duty framework.

Burn Injury Classification

Burns are classified by depth. First-degree burns affect only the outer layer of skin and typically heal without scarring. Second-degree burns affect the outer and underlying layer of skin, cause blistering, and may result in scarring. Third-degree burns destroy all layers of skin and underlying tissue — they are always serious, always require medical treatment, and almost always result in permanent scarring. Fourth-degree burns extend into muscle, bone, and tendons. The degree of the burn, the percentage of body surface area affected, and the location of the burn all affect the medical prognosis and the damages calculation.

Damages

Civil Code § 3333 provides that damages include all detriment proximately caused by the defendant's negligence, whether anticipated or not. Civil Code § 3283 allows recovery for future losses reasonably certain to occur. In a serious burn case, damages include emergency care and hospitalization, surgical costs including skin grafts and reconstructive procedures, physical and occupational therapy, psychological treatment for trauma and adjustment to disfigurement, lost earnings and diminished earning capacity, pain and suffering, and the permanent consequences of scarring and disfigurement. Civil Code § 3281 provides that every person who suffers detriment from another's unlawful act is entitled to recover compensation.

Claims Against Government Entities

Where a burn injury results from a dangerous condition on public property — a gas leak on a public right-of-way, a fire at a public facility, an electrical hazard on public infrastructure — a claim against the responsible public entity may be available under Government Code § 835. Government Code § 911.2 requires a claim to be filed with the public entity within six months of the incident. Missing this deadline can potentially bar a lawsuit against a government defendant. Tolling doctrines may apply — contact Attorney Michael Rehm to assess the specific timeline in your case.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

Burn injury cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Related Pages

• San Jose Personal Injury Attorney
• San Jose Defective Product Attorney
• San Jose Premises Liability Attorney
• San Jose Car Accident Attorney
• San Jose Wrongful Death Attorney
• San Jose Traumatic Brain Injury Attorney

Attorney Michael Rehm handles burn injury cases throughout San Jose and Santa Clara 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.