Understanding fault in a MA burn injury accident

Burn injuries can leave lasting scars, not just physically, but emotionally and financially as well. If you or a loved one has suffered a burn injury due to someone else’s negligence, you may have the right to seek compensation. Determining who is at fault in burn injury cases can be complex, as multiple parties could be responsible depending on the circumstances.

Burn injuries can happen anywhere—at work, on private property, in public spaces, or even as a result of a defective product. Understanding how Massachusetts law determines liability is important in pursuing a claim. If another party’s negligence played a role, you may be entitled to damages covering medical expenses, lost wages, and pain and suffering.

Always seek legal help in any personal injury case, but in an accident like this, we recommend consulting with the MA burn injury lawyers at Brandon J. Broderick, Attorney at Law.

Common Causes of Burn Injuries

Burns can be the result of a variety of accidents, and in many cases, they are preventable. Some of the most common causes include:

• Workplace Accidents: Employees in industries such as construction, food service, and manufacturing may be exposed to flames, chemicals, or high heat.
• Faulty or Defective Products: Poorly designed electrical appliances, overheating devices, or flammable materials can lead to burns.
• Unsafe Property Conditions: Property owners have the legal responsibility to maintain a safe environment for guests. Faulty wiring, gas leaks, or lack of fire prevention measures can put people at risk.
• Car Fires: Motor vehicle accidents may cause fires due to defective fuel systems or electrical malfunctions.
• Medical Negligence: Some burns occur in healthcare settings due to radiation treatment errors, surgical mistakes, or chemical exposure.

Every case requires a thorough investigation to determine who is liable and whether negligence was involved.

How Massachusetts Determines Fault in Burn Injury Cases

Massachusetts law follows a modified comparative negligence system (Mass. Gen. Laws ch. 231, § 85). Under this rule, an injured party can still recover damages if they are less than 51% at fault for the incident. However, any compensation that is rewarded will be lowered by the percentage of fault assigned. For example, if you were found to be 20% responsible for the accident, your total damages would be reduced by 20%.

To establish liability, four key legal elements must be proven:

Duty of Care

The responsible party must have had a legal duty to act in a way that prevents harm. This duty applies to property owners, manufacturers, employers, and other entities.

Breach of Duty

A breach occurs when someone fails to fulfill their responsibility. Examples include a landlord ignoring fire hazards, a company selling a defective product, or an employer failing to provide proper safety equipment.

Causation

The injured party must show that the defendant’s breach of duty directly caused their burn injury. If a fire occurred due to faulty wiring that a landlord failed to repair, they may be held responsible.

Damages

To recover compensation, the victim must prove they suffered actual harm, such as medical bills, lost income, or pain and suffering.

Massachusetts Laws Affecting Burn Injury Claims

A burn injury claim in Massachusetts is subject to several key laws:

Statute of Limitations

Under Mass. Gen. Laws ch. 260, § 2A, burn injury victims have three years from the date of the injury to file a lawsuit. If the injury was not immediately apparent, the deadline may start from the date it was discovered.

Premises Liability

Property owners must comply with Massachusetts fire safety regulations. Failure to maintain smoke detectors, fire alarms, or fire exits can result in liability under Mass. Gen. Laws ch. 148, § 26E.

Product Liability

If a defective product causes burns, the manufacturer or retailer may be held liable under strict liability laws. Unlike negligence claims, strict liability does not require proof that the manufacturer acted carelessly—only that the product was dangerous and caused injury.

Workers’ Compensation

Burn injuries sustained at work are generally covered by workers’ compensation, which provides medical benefits and lost wages. However, if a third party, such as an equipment manufacturer or contractor, was responsible, the injured worker may have grounds for an additional lawsuit.

Gathering Evidence to Support a Claim

A strong case requires compelling evidence to prove fault. Helpful documentation includes:

• Photos and Videos: Capturing the accident scene, visible burns, and unsafe conditions can provide crucial proof.
• Medical Records: Detailed records of hospital visits, treatment plans, and long-term care needs strengthen a case.
• Witness Statements: Testimonies from bystanders, coworkers, or property occupants can help verify what happened.
• Fire Department or OSHA Reports: Official reports can confirm the cause of a fire or workplace accident.
• Expert Testimony: Fire investigators, medical professionals, or product safety experts may provide insight into how the burn occurred.

A personal injury lawyer can assist in gathering and organizing this evidence to present a strong case for compensation.

What Compensation is Available for Burn Injury Victims?

Victims of burn injuries in Massachusetts may be eligible for compensation to cover:

• Medical Expenses: Hospital stays, surgeries, skin grafts, rehabilitation, and ongoing care.
• Lost Wages: Reimbursement for time missed at work and any reduction in future earning potential.
• Pain and Suffering: Damages awarded for physical pain, emotional trauma, and the impact on quality of life.
• Punitive Damages: In cases of extreme negligence or willful misconduct, additional damages may be awarded to punish the at-fault party.

The total compensation depends on the severity of the injury and the details of the case.

Call Brandon J. Broderick for Legal Help

Navigating Massachusetts burn claims can be challenging. Fortunately, you don't need to do it alone. The experienced burn injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.