What Challenges Arise in Proving Liability for Burn Injuries?
Burn injuries are among the most traumatic and devastating that any person can suffer. They often require months, even years, of medical treatment and therapy, and they leave lasting physical and emotional scars.
Under Louisiana law, victims have the right to seek compensation from those responsible, but pursuing a personal injury claim involving a burn injury comes with unique challenges. Proving liability isn’t always straightforward. In fact, many factors must align for a successful case to move forward.
At BFH Law Group in New Orleans, Louisiana, we’ve represented countless individuals and families whose lives have been forever changed by burn-related injuries. When we take on a burn injury case, our goal is not just to recover damages but to uncover the truth about how the injury occurred and who bears responsibility.
Burn Injuries in Personal Injury Cases
Burn injuries can occur in a variety of ways, including house fires, car accidents, workplace explosions, scalding water incidents, and exposure to hazardous chemicals. Depending on the circumstances, the severity of the burn and the victim's prognosis can vary widely.
Louisiana courts recognize the long-term effects of burn injuries, especially when those effects include permanent disfigurement, loss of mobility, or mental health struggles like PTSD.
Identifying Liable Parties Under Louisiana Law
One of the first steps we take is determining who can be held legally responsible. Louisiana operates under a comparative fault system, meaning that more than one person or company can share responsibility for a personal injury.
This applies even if the injured party bears some portion of the blame. That’s why it’s critical to conduct a full investigation before assigning liability.
Burn injuries often occur in situations where multiple parties were involved. For instance, a worker injured in an industrial explosion may have a workers' compensation claim, but also a third-party personal injury claim if a subcontractor or equipment manufacturer contributed to the explosion.
In a residential fire, a property management company might share liability with a smoke detector manufacturer if safety features were missing or failed.
Louisiana’s Civil Code allows us to bring personal injury claims for both negligent and intentional acts. But identifying the liable parties in a burn case often means wading through maintenance records, purchase agreements, worksite logs, surveillance footage, and even corporate policies.
Each piece of evidence builds the case for how and why the burn occurred and whose decisions—or lack of action—led to it.
Proving Negligence in Burn Injury Claims
The heart of most personal injury claims in Louisiana lies in proving negligence. To succeed, we must establish that:
The defendant owed a duty of care to the injured person
The defendant breached that duty
The breach caused the injury
The injured person suffered damages as a result
With burn injuries, each of these elements can present obstacles. In a case involving faulty wiring, we may need to prove that the building owner knew about the hazard or failed to inspect the property properly.
In a case involving hot liquid spills, we often examine employee training logs to determine whether proper safety protocols were followed.
The burden of proof is on us to connect the dots. And when we do, we don’t just rely on accident reports or witness testimony. We often consult with fire investigators, engineers, forensic specialists, and medical professionals to support our argument that negligence played a role in the injury.
Gathering Critical Evidence in Burn Cases
Securing the right evidence quickly is essential in burn injury litigation. Fires destroy evidence. Witness memories fade. Surveillance footage is often deleted after a matter of days. That’s why we act immediately to preserve what we can.
In particularly severe burn cases, we also compile documentation of the long-term medical effects. That includes surgical records, burn severity classifications, physical therapy logs, and psychological assessments.
Louisiana law allows for the recovery of both economic and non-economic damages in personal injury cases, so a complete evidentiary record is essential.
Overcoming Comparative Fault Allegations
Under Louisiana’s comparative fault doctrine, the defendant can argue that the victim contributed to their own injuries. This is a common tactic in personal injury defense, and it often comes up in burn cases.
For example, they may claim that the injured party failed to follow posted safety warnings or misused a product in a way that caused the injury.
Our job is to anticipate and counter these defenses. We highlight lapses in training, lack of supervision, product design flaws, or misleading instructions. We also show how the injury could have been prevented if the defendant had taken appropriate measures—regardless of the injured person's actions.
Comparative fault may reduce damages, but it doesn’t eliminate the possibility of recovery. Even a plaintiff found 90% at fault can still recover 10% of their damages under Louisiana law.
The Unique Challenges of Product Liability Cases
Some of the most challenging burn injury cases involve defective products. Under the Louisiana Products Liability Act (LPLA), a manufacturer can be held liable for injuries caused by unreasonably dangerous products. However, proving a defect under the LPLA isn’t always easy.
We must demonstrate that the product was unreasonably dangerous in design, construction, or because of inadequate warnings. We also must show that the dangerous condition existed when the product left the manufacturer’s control.
This involves highly technical evidence—product schematics, materials analysis, incident history, and expert testimony. Companies often resist these claims aggressively, so we prepare to litigate these issues in depth.
The LPLA requires precision. General negligence isn’t enough. We must present clear scientific and factual evidence that the product itself caused the injury. In doing so, we often uncover prior complaints or known safety issues that were never addressed.
Employers and Third-Party Liability
When burn injuries occur at work, Louisiana’s workers' compensation laws generally prohibit lawsuits against employers. However, that doesn’t mean a personal injury claim is off the table. If someone other than the employer—like a contractor, vendor, or equipment supplier—played a role, we can pursue third-party liability.
Our investigation typically reveals whether OSHA violations, subcontractor misconduct, or equipment defects contributed to the accident. When they do, we bring personal injury claims against all responsible entities.
This dual-track approach allows us to seek compensation beyond what workers’ compensation typically covers—especially for pain and suffering, which isn’t available under the workers’ comp system.
The Emotional and Psychological Toll of Burn Injuries
Burn injuries do more than damage the body—they often have long-lasting effects on a person's mental health, sense of identity, and ability to interact socially. Scarring, disfigurement, and the trauma of the injury itself can create ongoing psychological challenges that affect every aspect of daily life.
In every personal injury case we handle, we prioritize telling the full story of what our client is experiencing. That includes sleepless nights, anxiety, depression, or social withdrawal.
Louisiana law allows for recovery of emotional distress damages, so we document these impacts through therapist records, psychological evaluations, and testimony from family members.
These details matter. They paint a full picture for insurance companies, judges, and juries. And they help us make the case that our client’s suffering deserves meaningful compensation.
How We Approach Burn Injury Cases
At BFH Law Group, we commit significant time and resources to every burn-related personal injury case we accept. Our legal strategy typically includes:
Immediate scene inspection and evidence preservation
Consultation with fire safety and engineering professionals
Subpoenas for maintenance records, safety logs, and surveillance footage
Coordination with treating physicians and psychologists to assess injury impacts
Development of life care plans and future cost estimates
Aggressive discovery and depositions to uncover negligence or product flaws
We leave no stone unturned. Our goal is to build a comprehensive personal injury case that reflects not just how the injury happened, but how deeply it has affected our client’s life.
Compassionate Legal Help
At BFH Law Group, we approach each personal injury case with the intensity it deserves. With offices in Louisiana and Texas, we’re proud to serve clients in Louisiana, Texas, and Florida. Contact us today to learn how we can assist you with your burn injury claim.
