Burn victims suffer more than just physical injury. Some severe injuries require multiple surgeries, such as graphs, cosmetic repair, and infection clearing. The pain they endure and visible scarring can be traumatizing. And the lengthy treatment and rehabilitation can take an extreme financial toll. Some patients are left with limited mobility, depression, and anxiety as they face the world disfigured and isolated.
Legal Paths for Burn Victims of Negligence in New Jersey
Burn victims may have caused their injuries when they are careless, but sometimes a negligent individual or entity causes burns. When a careless driver causes an accident and vehicle fire, or negligent product manufacturers design products that explode and catch fire, or an employer’s negligence creates a chemical fire at the job, you have legal options for compensation. You may be able to file a personal injury claim to help you recoup your losses and hold the negligent parties responsible for causing your burn injuries. However, this will require a determination of who is at fault for the burns and resulting damages. Discover the process that a skilled New Jersey personal injury attorney such as those on our team undertakes to identify who is responsible to secure the compensation burn victims deserve.
The Negligence Quartet: Burn Injury Case Elements
1. Duty of Care
When you make a personal injury claim, you must prove the legal elements of negligence. New Jersey law requires you to establish fault by examining whether the person you blame for your burns had a duty of care toward you. That means that the person acted the way a reasonable person would act under the same circumstances, with the required care, attention, and caution to avoid injury to another.
2. Breach of Duty
The second element to prove is a breach of that duty of care. So, when a person driving a vehicle must obey the road rules and drive safely, they breach that duty of care by driving recklessly or inattentively.
3. Causation
The third element of negligence to prove is causation. The breach of the duty of care must have caused the claimant’s injuries. So, the driver who ran a red light and t-boned your car, resulting in a fire, and your injuries caused your injuries by their breach of the duty of care. Their negligence means they can be held responsible for your injuries.
4. Damages
The fourth element is the damages the responsible party caused because of the breach, such as the costs of your rehabilitation and necessary future care, treating your injuries, and losing income while you cannot work due to the injuries.
Understanding Negligence in Action with Burn Injury Case Studies
How Faulty Products Can Lead to Burn Injuries
Defective products also cause burns injuries and may be the source of a product liability action. So, when cell phone batteries overheat and cause a fire in someone’s home, toaster ovens with defective wiring that spark and cause a fire, or children’s pajamas that catch fire due to flammable clothing, the manufacturer may be liable for the injuries of the product end users. Defective design or manufacture or a failure to warn about the improper use of products may be negligence, justifying compensatory damages to the burn victims.
In another example case study, perhaps a lawn mower manufacturer sells a defective product that catches fire and causes a purchaser and user burns. The first question is whether a manufacturer has a legal duty to design, make, and market a safe product, knowing customers will buy it. The answer is yes. So, when the mower starter malfunctions and causes the mower to catch fire, you could prove that the manufacturer’s flawed design or negligent manufacture of the mower with the defective starter is a breach of its duty, and such breach caused your burns and physical, emotional, and financial losses from your injuries.
A Landlord’s Duty To Prevent Burn Injuries Through Proper Property Maintenance
When burns occur on poorly maintained property, such as apartments or stores, people suffer burns from exposed electrical wires when wiring is damaged. Also, heating units can cause fires when they are not maintained adequately, and when the fire alarms or fire sprinklers malfunction due to poor maintenance, people get electrical and thermal burns from fire or smoke.
Employers Must Ensure Worker Safety from Burn Injuries
Burns at the workplace may be the employer’s fault for faulty training, a hazardous workplace, and defective equipment due to poor maintenance. Employees who must be trained to properly operate equipment safely or to identify and respond to hazards or emergencies are prone to injury.
Also, safeguarding employees with properly working equipment, protective gear, working safety alarms, and safety rules enforcement is an employer’s duty of care that is negligence when breached, mainly when employees handle dangerous chemicals, flammable material, and electrical equipment.
How Restaurants Can be Liable for Burn Injuries
A New Jersey restaurant may be responsible for your injuries. All restaurants in the state owe customers a duty of care to protect them from injury. Restaurant owners must maintain their equipment to ensure ovens do not have grease fires, the electrical wiring in appliances are not worn or frayed, and that fire alarms and fire extinguishers work. They must also train wait staff properly to prevent scalding and burning customers with hot plates, food, and drinks.
What Happens when Servers Cause Burns
Likewise, a food server who fails to warn you that they are placing a sizzling hot plate on the table and not to touch it may cause a customer to burn their hands or fingers. They can also place a hot plate on your hand or arm or brush it against your bare shoulder when leaning it to put it on the table. A server can also spill scalding hot coffee or other liquids on you. Their lack of training or disregard for safety practices may breach their duty to do their job safely.
Dissecting Restaurant Operations to Prove a Burn Injury Claim
1. Restaurant’s Policies and Training
Were servers properly trained on how to handle and serve hot food and beverages?
2. Industry Standards
Did the restaurant adhere to industry standards for safe food service practices?
3. Witness Testimony
Were there any witnesses to the incident who can corroborate the victim’s account?
Restaurant burn injury negligence cases require investigating a restaurant’s policies, practices, and training. A server who burns a customer with a hot plate or liquid may not have been trained to warn and approach a table to avoid burning those at the table.
The restaurant’s practices and policies also figure into the equation. The restaurant should have training, signs, handbooks, and policies that include education about food and liquid temperatures, how to monitor the food before serving it too hot, using the proper tools like oven mitts, overseeing server practices, and protocols in place to handle burn emergencies to ensure safety for employees and patrons.
Another consideration is the restaurant industry standards for safe food and beverage handling, including how to serve and warn customers about hot plates and beverages and how and where to touch them. New Jersey’s food code contains safe food handling practices, including the maximum temperature for food to be served. A restaurant that does not follow industry standards is negligent in many instances.
Evidence that can Make or Break Your Burn Injury Claim
For your burn injury claim, you need evidence to prove to an insurance provider or a jury the extent of your losses and who caused them. For instance, you need medical records to confirm you lost money paying for medical care. To prove fault and the extent of your injuries, you need police reports, photographs, and videos from the scene of the accident, workplace, or other site where the injury occurred. Customers and employees are essential sources of evidence in determining whether negligence occurred in a burn incident, as well as other possible witnesses. Their testimony is essential to proving negligence when they witness a burn accident.
Enhancing Your Burn Injury Claim with Support from an Expert Witness
Sometimes, the circumstances of your burn injury are not entirely clear. You may need the help of expert testimony from an independent expert to explain the extent of your injuries, the treatment, and the prognosis for recovery. You may need testimony from a plastic surgeon to describe the treatment of disfigurement and burnt tissue that interferes with the functionality of body parts. You may need other experts, too, depending on how you were burned, for example, an engineer to explain how a product may have a design flaw or a food safety expert for a restaurant burn.
Facing a Burn Injury? Let Cohen & Riechelson Help You Prove Liability in Your Burn Injury Claim in New Jersey
Preparing a burn injury claim is a huge task. You must investigate the claim, gather evidence, negotiate with insurance adjusters, and understand the legal elements of proving negligence and fault. You may have to go to trial to obtain compensation for your injuries. At Cohen & Riechelson, our accomplished personal injury attorneys can help you investigate your claim to determine who is liable for your injuries and supply proof of all that was lost due to the injury. Our team has over 50 years of experience helping victims across New Jersey, in places like Princeton, Titusville, West Windsor, Trenton, Hamilton, Pemberton, Burlington, Edison, and South Brunswick, and many others, with proving their entitlement to burn injury compensation.
We can collect the evidence, interview witnesses, speak to experts, negotiate your claim, or prepare your case for trial with the forethought and dedication required to secure the most favorable results. Contact us at (609) 528-2596 to speak with a personal injury lawyer today and receive a free review of your burn injury case.