Who Is Liable for a Burn Injury in Georgia?

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Who Is Liable for a Burn Injury in Georgia?

Author: Jay Howard

Any injury that happens to a person can be devastating in its effects. But of all the different types of injuries, burn injuries are among the worst. Not only are they immediately painful and traumatic, the ongoing effects usually last throughout the burn victim’s life. A long, painful road to recovery and escalating medical care is the likely outcome of such an injury. Worse yet, if the injury occurred at work or was the result of someone else’s negligence, you have the added obstacle of a potential lawsuit to recover compensation.

Attorney Sami Tabbaa of Tabbaa Law knows that these horrible injuries require a significant investment of time and resources, and many burn victims cannot afford the treatment they need. Fortunately, Tabbaa Law has the knowledge and the resources to guide you every step of the way of a burn injury claim so that you can focus on healing and recovery.

Types of Burn Injuries and Common Causes

Because there are several different causes of burn injuries, there are also a few distinct types of burns.  The most common, thermal burns, occur when the skin is exposed to an excessive amount of heat, such as an open flame or hot surface.  Scalding burns from steam or burns from dangerous chemicals are other common types of burn injuries. 

Of the various types of burn injuries, many seem to occur in the following situations:

  • Car accidents 
  • Workplace accidents 
  • Defective products 
  • Hot metal or other objects
  • Electrical currents
  • Open flames or heated elements from cooking implements

In the immediate aftermath of a burn injury, it may not be instantly clear who the at-fault party is or if there even is one. However, even if your burn happened accidentally, someone or something is responsible. Tabbaa Law will conduct a thorough investigation to uncover the responsible party and will begin building a strong case for your compensation. 

Who Is Liable for a Burn Injury?

Determining liability for a burn injury most likely depends on two very important factors: where the burn occurred and how the burn occurred.

Where the Burn Occurred

The site of your burn injury is important in not only determining liability, but the type of claim you could bring. If the burn occurred at a place of business, for example, you may have a premises liability claim on top of your personal injury claim.  Businesses have a duty of care to their customers, and when they fail in that duty and you are burned by an exposed flame or unmarked heat source, the store owner or manager, and by extension, the company, could be held liable. By failing to properly warn you about the potential danger, the business was negligent in protecting you against avoidable harm.

How the Burn Occurred

Getting burned by an open flame at a restaurant or a chemical at a factory are common occurrences in burn injury cases, where there is an “assumed risk” between you and the business.  But what if you are at home and are burned by a malfunctioning stove or curling iron? Very likely, you will have a “defective product” claim.  If you are able to prove that you were using the product as intended, the manufacturer of the product could be held liable for your injuries.

Georgia Law and Burn Injuries

Like any injury claim, the state of Georgia has laws on the books that govern fault and how it applies to your particular case.  Georgia is an “at-fault” state and uses a “modified comparative negligence” statute in personal injury cases. This means that, once the fault is determined, you can file a claim and recover damages. 

However, it’s very important to understand the “comparative negligence” aspect of a potential claim, which holds that if you are found to share some percentage of fault, it will detract from the recovery of your potential damages.

Consult an Experienced Georgia Burn Injury Lawyer

Suffering a burn injury, no matter the cause is a scary and distressing experience that can leave you feeling hopeless against the circumstances. Tabbaa Law has helped thousands of Georgia burn victims through these challenging times. Our compassionate, client-focused approach will allow you to focus on recovering while your legal needs are taken care of.  For a free initial consultation, complete our contact form or call our Atlanta office today at (770) 370-7881.

Personal Injury