There are several types of claims that you may file after suffering a burn injury—either as a result of someone else’s negligence or while working on the job and within the scope of your employment. The type of claim or claims you are eligible to file following a burn injury depends largely upon how the burn injury occurred and the exact circumstances involved.
Some potential claims that an accident victim may file following a burn injury include the following:
- Claim for premises liability – An individual may file a premises liability claim or lawsuit if he or she suffered a burn injury while on someone else’s premises. The property owner’s liability depends upon whether the burn injury victim was a business invitee on the premises, a social guest, or a trespasser. Generally speaking, business invitees and social guests are owed the highest duty of care, while trespassers are owed little or no duty of care by the premises owner. If a shopper in a store suffered a burn injury because of the store owner or property manager’s negligence, then the shopper may file a claim or lawsuit for negligence against the store and/or the store owner.
- Claim for products liability – When consumers purchase a product, they expect that the product will work properly, and in the manner for which it was intended. All too often, however, products malfunction and cause the consumer injuries, including burn injuries in some cases. When a consumer suffers a burn injury because of an improperly manufactured or defectively designed product, then he or she may file a personal injury claim or lawsuit against the product manufacturer—or against anyone else who is involved in the product’s chain of distribution.
- Claim for workers’ compensation benefits – Workers’ compensation benefits are available to individuals who are injured while they are working on the job—and while working within the scope of their employment. When workers spend their days around electrical components and construction equipment, for example, they are more prone to electrocution and burn injuries than other workers. If a worker suffers a burn injury during the course of his or her employment, the worker may seek monetary benefits through the Georgia workers’ compensation program. After filing a claim, the injured worker may be eligible to recover a portion of his or her lost earnings, benefits for a temporary or permanent disability, and in some cases, vocational rehabilitation.
- Claim for personal injuries arising from a motor vehicle accident – If an individual suffers a burn injury in a motor vehicle collision, he or she may file a personal injury claim or lawsuit against the negligent driver. Drivers owe a duty to operate their vehicles on the roadway in a reasonably prudent manner at all times. This means that they must operate their vehicles within the posted speed limit, follow all traffic laws and regulations, and obey all traffic control devices which are present on the roadway. Moreover, drivers must refrain from distracted driving, such as talking on a cellular phone that is not equipped with a Bluetooth or other hands-free device. If the victim of a car or truck accident can demonstrate, by a preponderance of evidence (i.e. making it is more likely than not) that the negligent driver caused the motor vehicle collision—and that the burn injury resulted from the collision—then the accident victim may be eligible to recover monetary damages from the negligent driver (and indirectly from the negligent driver’s insurance company).
