Burn injuries can cause devastating physical and emotional consequences for victims, as well as financial burdens. Whether the burns result from workplace accidents, faulty products, or negligent property management, understanding how to determine fault is critical for those looking to pursue compensation for their losses.
Continue reading for more about how liability in burn injury cases in New Jersey is assigned, the role of state laws, and the steps you can take if you or a loved one has suffered a burn injury.
For legal help, call Brandon J. Broderick, Attorney at Law to discuss your case with one of our experienced New Jersey burn injury lawyers.
Legal Standards for Fault in New Jersey
In New Jersey, personal injury claims—including those for burn injuries—are grounded in negligence. To hold a party accountable, victims must prove four key elements:
- Duty of Care: The responsible party owed a duty to ensure safety.
- Breach of Duty: This duty was violated through an action or inaction.
- Causation: The breach directly caused the injury.
- Damages: The victim suffered measurable harm, such as medical expenses or pain and suffering.
Additionally, New Jersey follows a modified comparative negligence rule, which allows injured parties to recover damages even if they share some fault. However, their share of liability must be less than 51%, and any compensation will be reduced proportionally to their degree of fault.
Common Causes of Burn Injuries
Burn injuries can occur in many settings, each with unique liability considerations.
Workplace Incidents
Burn injuries at the workplace are prevalent in industries like construction, manufacturing, and food service. Employers are generally responsible for maintaining safe conditions and providing proper safety training. When a burn incident occurs in the workplace, workers compensation is typically the first avenue of financial relief, regardless of fault. It's important to note that workers compensation laws typically bar an employee from directly suing their employer, except in cases of egregious misconduct. In cases involving faulty machinery, third-party manufacturers may also be held liable and may be able to be sued.
Defective Products
Faulty products—such as malfunctioning appliances or poorly designed equipment—can lead to severe burns. In New Jersey, product liability laws hold manufacturers, distributors, and retailers accountable for:
- Poor product design.
- Manufacturing defects.
- Failure to provide adequate warnings or instructions.
Premises Liability
Property owners may be liable for burn injuries that occur on their premises due to unsafe conditions, such as exposed wiring or lack of fire extinguishers. Under New Jersey law, property owners must take reasonable steps to ensure the safety of visitors and occupants.
Steps to Build a Strong Burn Injury Case
Building a strong case begins immediately after the injury. Here’s how you can protect your rights and strengthen your claim:
Document the Scene
Take photographs of the location, any hazardous conditions, and your injuries. Collect any evidence that can establish how the burn occurred.
Seek Medical Attention
Prompt medical treatment is vital for documenting the severity of your injuries. Medical records provide critical evidence in personal injury cases.
Consult Experts
Legal and medical experts, as well as fire investigators or product engineers, can provide crucial insights into the cause of the burn and the extent of damages.
Key New Jersey Laws to Know
New Jersey has specific laws that protect burn injury victims.
- Premises Liability Statutes: These laws require property owners to maintain safe environments for visitors.
- Product Liability Protections: Hold manufacturers and retailers accountable for defective or dangerous products.
- Comparative Negligence: Allows partial fault without barring victims from recovering damages.
Understanding these laws is critical for navigating burn injury claims and pursuing compensation.
The Financial and Emotional Impact of Burn Injuries
Burn injuries often result in extensive medical expenses, ranging from skin grafts to prolonged physical therapy. Additionally, victims may experience psychological trauma, including anxiety or post-traumatic stress disorder (PTSD).
When pursuing a burn injury claim, victims may be entitled to compensation for:
- Medical bills, including future treatments.
- Lost wages due to missed work.
- Pain and suffering.
- Loss of enjoyment of life.
Burn injury cases are not solely about recovering damages—they are also about holding negligent parties accountable to prevent future harm.
How New Jersey’s Statute of Limitations Affects Your Claim
Under New Jersey law, victims generally have two years from the date of the injury to file a personal injury claim. Failing to file within this time frame could bar you from recovering damages, regardless of the merits of your case.
There are exceptions to the statute of limitations:
- Minors: For child victims, the clock starts ticking once they turn 18.
- Discovery Rule: If injuries were not immediately apparent, the statute may begin when the harm is discovered.
Consulting an experienced personal injury attorney early ensures you meet all filing deadlines and build a robust case.
Case Example: Burn Injury on the Job
Consider a construction worker who suffers severe burns from an explosion caused by defective equipment. The employer may bear responsibility for not enforcing safety protocols, while the equipment manufacturer could face liability for the defect.
This case illustrates the importance of thoroughly investigating all potential sources of liability to ensure the victim receives fair compensation.
Call Brandon J. Broderick For Legal Help
Navigating New Jersey burn injury 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.