Adriana P. Santiesteban, Esq.
An Experienced & Top Rated Personal Injury Attorney in Miami
A True Local Miami Lawyer, Advocating for Your Rights with Over 15 Years of Dedication and Expertise
Current Treasurer and Past President of COLBAR
Member of The Florida Bar since 2008
Adjunct Professor at St. Thomas University
Miami Personal Injury Lawyer for Fire and Burn Injuries
Fire and burn injuries can be among the most devastating types of personal injuries, often leaving victims with severe pain, permanent disfigurement, and emotional trauma that lingers well beyond physical recovery. In Florida, these incidents can stem from a wide range of circumstances, such as building fires, automobile accidents, defective products, workplace hazards, and scalding spills in restaurants or other commercial establishments. The path to financial and emotional restitution is often complicated, involving complex questions of liability, insurance coverage, and the extent of the victim’s physical and psychological harm.
From a legal standpoint, fire and burn injury cases typically involve allegations of negligence or strict liability. Property owners might face premises liability claims if they failed to maintain safe conditions—like properly functioning smoke alarms or emergency exits—while manufacturers could be held liable for design or production flaws leading to combustible products. Victims often require extensive medical treatment, including surgeries, skin grafts, and long-term rehabilitation.
Common Causes of Fire and Burn Injuries
While any open flame or intense heat source can cause burns, certain situations appear frequently in personal injury claims:
- Building Fires: Neglected wiring, overloaded circuits, and uncontained cooking accidents are common origins. A landlord or property manager who ignores faulty wiring or fails to equip units with smoke detectors may be held liable if tenants or visitors suffer injuries.
- Chemical Burns: In workplaces or school laboratories that handle corrosive chemicals, inadequate storage, labeling, or training can lead to burn accidents causing severe skin or eye damage.
- Scalding Incidents: Burns can also occur from contact with hot surface, boiling liquids or steam. This might happen in hibachi restaurants, where chef cooks on a hot grill in front of the diners, kitchen staff inadvertently spills hot beverages or soup, or in hotels with faulty water heaters causing unregulated scalding water in showers.
- Explosions and Electrocutions: Gas leaks in residential or commercial areas can cause dramatic explosions, while exposed electrical wiring may trigger both fires and severe electrical burns.
- Motor Vehicle Collisions: If a car crash leads to a ruptured fuel tank or an electrical spark, fires can ensue, potentially trapping occupants inside and resulting in life-threatening burns.
No matter the specific cause, burn injuries generally require immediate medical treatment to mitigate risks of infection, fluid loss, and organ damage. The link between these injuries and someone else’s negligence often sets the stage for a legal claim.
Don’t let medical bills and lost wages pile up. Our experienced personal injury attorneys in Miami can provide guidance on your next steps and advocate for the compensation you deserve.
Severity of Burn Injuries and Medical Implications
Burn injuries are typically classified by degrees, each carrying unique risks and treatment demands:
- First-Degree Burns: Affect only the outer layer of skin (epidermis). While painful, they often heal with minimal scarring.
- Second-Degree Burns: Extend beyond the epidermis into the dermis layer, leading to blisters, swelling, and a high risk of infection. Healing can be lengthy, sometimes causing scarring and discoloration.
- Third-Degree Burns: Destroy both the epidermis and dermis and may even penetrate deeper tissues. Victims can lose nerve function, sometimes experiencing numbness rather than pain, and often require skin grafts or reconstructive surgery.
- Fourth-Degree Burns: The most severe, reaching muscle or bone and posing extreme threats to life. They can necessitate amputations and lead to permanent disabilities.
Moreover, burn injuries often accompany complications such as respiratory damage (if smoke inhalation occurs), infection, or psychological trauma stemming from disfigurement. Post-burn treatments can involve multiple operations and rehabilitative services. As a result, the financial impact for the victim and their family can be staggering.
Premises Liability in Fire and Burn Cases
When a fire or burn incident occurs on another’s property, the property owner may be liable under premises liability if they failed to uphold a duty of care. This typically means they should have corrected or warned about known fire hazards, ensured that fire exits were unobstructed, and installed functional smoke detectors or sprinkler systems as required by code. In multi-unit residential buildings, Florida law imposes additional obligations to maintain safe living conditions. If an apartment complex lacks operational smoke alarms or has inadequate wiring that leads to a fire, tenants who suffer burn injuries might hold both the property owner and the property manager accountable.
In restaurants, scalding injuries might happen if waitstaff places extremely hot beverages precariously on a small table without warning. Slip-and-falls can also lead to severe burns if someone comes into contact with kitchen equipment or spills. For these types of claims, the injured party must show that the owner either knew or should have known about the hazardous condition and failed to take reasonable steps to prevent harm.
If you suffered fire or burn injuries because of a property owner’s failure to provide adequate fire safety measures, Contact our legal team, for a free case evaluation.
Product Liability in Burn Cases
Some fire or burn injuries result from defective or poorly designed products. Examples might include space heaters that overheat and burst into flames, lithium-ion batteries that explode, or stoves lacking proper safety features. When a product’s design, manufacturing, or marketing flaws lead to fire risks, victims can sue manufacturers, distributors, or retailers under product liability law.
In Florida, a product liability claim often revolves around proving one of the following:
- Design Defect: The product’s blueprint is inherently unsafe (e.g., a coffee maker designed without adequate insulation).
- Manufacturing Defect: Something went wrong in production, such as faulty wiring in an individual batch.
- Failure to Warn: The product lacked proper instructions or warnings about risks, such as a hairdryer without a caution about using it near water.
A successful claim usually involves expert testimony to illustrate how the product deviated from industry safety standards, caused the fire or burn, and directly injured the plaintiff.
Negligence Theories and Causation
Regardless of whether the claim focuses on premises liability or product liability, negligence theories frequently come into play. Victims must demonstrate that a defendant breached a duty of care, resulting in the plaintiff’s injury. In building fire cases, proving causation can be challenging if multiple potential sources of ignition exist. Investigators often look at burn patterns, electrical records, and witness statements to pinpoint the cause.
Comparative negligence is another factor. If the plaintiff’s own actions contributed significantly—such as failing to exit a burning building when alarms sounded or ignoring explicit warnings about handling hazardous materials—recovery might be reduced or barred under Florida’s modified comparative negligence standard. Nevertheless, property owners and manufacturers generally bear a higher duty to anticipate and mitigate known hazards.
Damages in Fire and Burn Cases
Burn injury victims frequently face staggering costs and profound emotional distress. Consequently, damages in these cases can be substantial. Below are some categories of compensation:
- Medical Expenses: Coverage for surgeries, skin grafts, hospital stays, and ongoing treatments like physical therapy or counseling.
- Lost Wages and Future Earnings: If the victim’s ability to work is diminished or if they require extended time off, these losses can be claimed.
- Pain and Suffering: Severe burns often involve excruciating pain, lengthy recovery, and psychological struggles related to scarring and disfigurement.
- Rehabilitation and Home Modifications: Victims with permanent disabilities may need to modify their living space or vehicle for accessibility.
- Punitive Damages: In egregious cases—such as when a company knowingly sells dangerously defective products—courts may award punitive damages as a deterrent to future misconduct.
Conclusion
Fire and burn injuries inflict some of the gravest physical harm imaginable, often accompanied by deep psychological and financial repercussions. Whether the incident stems from a neglected building code, a landlord’s inattention, or a dangerously defective product, Florida law provides a framework for victims to claim compensation. Yet the legal process can be intricate, demanding expert testimony to determine liability, thorough medical documentation to prove injury severity, and well-structured arguments to refute defenses of comparative negligence or assumption of risk.
By understanding the nuances of premises liability, product liability, and basic negligence theories, you get a better sense of your legal options. Engaging a knowledgeable personal injury attorney early can significantly bolster your claim. Our attorney for personal injury can investigate the root causes, preserve evidence, consult specialists, and negotiate forcefully with insurance representatives or defense attorneys. While no amount of money can fully erase the lasting pain of serious burns or the trauma of witnessing a loved one trapped in a fire, a successful lawsuit can alleviate your financial burdens and affirm the core legal principle that those who neglect critical safety measures must be held accountable.
If you or a loved one has suffered a burn injury in a building fire, from a defective product, or another hazardous situation, call our personal injury lawyers today. Our Miami personal injury law firm offers free case evaluations, exploring who may be liable and what types of compensation you could recover. The path to physical, emotional, and financial recovery is often long, but you don’t have to walk it alone. Contact us today to schedule a consultation, and let our experienced personal injury attorneys advocate for the justice and monetary relief you deserve.
Premises Liability laws in Florida can be complex. If you or a loved one suffered burn injuries caused by others’ negligence, our experienced personal injury lawyers in Miami can fight for you in court. Don’t fight it alone. Get the right legal representation to ensure your voice is heard and your rights are protected.
DISCLAIMER: The information on this website is intended for informational purposes only and is not and should not be used as legal advice. You should consult our attorney for advice regarding your individual situation. Using this website does not create an attorney-client relationship between you and Adriana P. Santiesteban, P.A. Before an attorney-client relationship is formed, we must make sure there are no conflicts of interest and come to an agreement to represent you. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Contact our office for additional information on Adriana P. Santiesteban, Esq.’s, qualifications and experience.
