Burn Injury Lawsuits: Who Is Liable?
The liable party in a burn injury lawsuit may be one or more persons or companies that contributed to the victim’s injuries. This party is referred to as the defendant, and the victim is referred to as the plaintiff.
Generally, there are four elements to such a case:
- The defendant owed a duty of care to the plaintiff;
- This duty of care was breached in some way;
- The plaintiff suffered quantifiable injuries; and
- The breach of care was the proximate cause of the plaintiff’s injuries.
Let’s take a look at these elements in action, using a hypothetical example. Joe goes to AB Coffee, his favorite coffee shop, to get a cappuccino. When Susan, the employee at AB Coffee, hands Joe his cappuccino, the lid is not secured correctly. The boiling hot cappuccino spills all over Joe’s hand, causing second-degree burns. In this case, Joe may be able to sue AB Coffee for money for his medical bills, any lost earnings, and other losses he suffered as a result of his severe burns.
In a case involving a workplace burn injury, however, the victim does not need to prove cause. Workers’ compensation is provided on a no-fault basis for all work-related injuries.