Attorney Michael Rehm — (800) 978-0754
Burn injuries are among the most painful and medically complex injuries a person can sustain. The treatment is prolonged, the recovery is often incomplete, and the visible consequences — scarring, disfigurement, loss of function — can be permanent. Burn injuries in civil cases arise from vehicle fires, industrial accidents, defective products, electrical failures, chemical exposure, and structural fires caused by negligent maintenance of property. Attorney Michael Rehm represents burn injury victims throughout Santa Rosa and Sonoma County on a contingency fee basis.
Legal Framework
A burn injury claim is grounded in the same negligence standard that applies across California personal injury law. Civil Code § 1714 imposes on every person a duty to use ordinary care in managing their property or conduct to avoid injury to others. Whether the defendant is a property owner whose negligent maintenance caused a fire, an employer whose inadequate safety protocols exposed a worker to chemical burns, or a product manufacturer whose defective design caused a vehicle to ignite on impact, the threshold analysis requires establishing that the defendant owed a duty of care, breached it, and that the breach caused the burn injury.
In Rowland v. Christian (1968) 69 Cal.2d 108, the California Supreme Court identified the factors courts weigh in assessing whether a duty existed and was breached, including the foreseeability of harm, the closeness of connection between the defendant's conduct and the injury, and the moral blame attached to the defendant's conduct. Foreseeability is rarely difficult to establish in burn cases involving defective electrical wiring, improperly stored flammable materials, or industrial chemical exposure.
When a defective product causes or contributes to a burn injury — a vehicle fuel system that ruptures on impact, a gas appliance that ignites unexpectedly, or a chemical product without adequate warnings — product liability theories may apply alongside or in place of traditional negligence. A manufacturer may be strictly liable for a design defect, a manufacturing defect, or a failure to warn, without requiring proof that the manufacturer acted unreasonably.
The Scope of Damages in Burn Injury Cases
The damages available in a serious burn injury case reflect the depth and duration of the harm. Burn injuries are classified by degree: first-degree burns affect only the outer layer of skin; second-degree burns damage the outer and underlying layers, causing blisters and significant pain; third-degree burns destroy all layers of skin and may damage underlying tissue, nerves, and bone. Third-degree burns require skin grafting, produce permanent scarring, and often impair function in the affected area.
Economic damages in a serious burn case include emergency medical treatment, hospitalization, surgical procedures including skin grafting and reconstructive surgery, physical and occupational therapy, psychological counseling, lost wages, and future care costs — which in catastrophic burn cases can extend over a lifetime. Noneconomic damages include compensation for severe physical pain, which in burn injury cases is among the most intense documented in medicine; emotional distress; disfigurement; and loss of enjoyment of life.
Disfigurement is a recoverable noneconomic element that carries particular weight in burn cases involving visible scarring on the face, hands, or other exposed areas. The psychological consequences of permanent disfigurement — including depression, social withdrawal, and post-traumatic stress — are documented and compensable. Expert testimony from plastic surgeons, burn specialists, vocational rehabilitation experts, and life care planners is often necessary to properly present the full scope of damages in a serious burn injury case.
Filing Deadline
Code of Civil Procedure § 335.1 provides a two-year statute of limitations for personal injury claims. For burn injuries caused by the negligence of a government entity, the Government Claims Act requires a written claim within six months of the date of injury. Missing that 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 situation.
Related Pages
- Santa Rosa Personal Injury Attorney
- Santa Rosa Truck Accident Attorney
- Santa Rosa Premises Liability Attorney
- Santa Rosa Wrongful Death Attorney
- Santa Rosa Wildfire Lawyer
Attorney Michael Rehm handles burn injury cases throughout Santa Rosa and Sonoma 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.
