A serious burn can require a hospital stay. Burns can leave permanent scars, and some burns need skin grafts. If someone else’s carelessness or a dangerous product caused your burn, you may be able to hold them responsible for what you have lost.
In Minnesota, a negligence claim for an injury generally must be filed within 6 years (Minn. Stat. § 541.05, subd. 1(5)). Some deadlines are much shorter, so it helps to call early. Our Minneapolis-area office handles burn injury cases from fires, explosions, scalding, electrical accidents and defective products, and we work on a contingency fee, which means you pay no attorney fee unless we recover money for you.
Minnesota Law for Burn Injury Claims
In Minnesota, a burn claim generally follows the state’s general injury rules, and product, vehicle or workplace rules may also apply depending on how the burn happened.
Filing deadlines depend on the type of claim
A claim based on the strict liability of a product’s maker, meaning liability that does not depend on proving carelessness, must be filed within 4 years (Minn. Stat. § 541.05, subd. 2). That rule can apply to burns from heaters, batteries, e-cigarettes and other products that fail.
If a city or county was involved, such as a fire on public property, Minnesota generally requires written notice to the city or county within 180 days after the injury is discovered (Minn. Stat. § 466.05, subd. 1). For a burned child, Minnesota pauses many filing deadlines while the injured person is under 18, but the pause has limits (Minn. Stat. § 541.15).
If a burn injury leads to a death, the family’s wrongful death claim may be brought within 3 years after the date of death, and no more than 6 years after the act that caused it (Minn. Stat. § 573.02, subd. 1). That claim is brought by a trustee the court appoints on the petition of the surviving spouse or one of the next of kin (Minn. Stat. § 573.02, subd. 3).
Shared fault
Minnesota uses comparative fault: you can still recover if your share of fault is not greater than the share of the person you are claiming against, but your award is reduced by your percentage of fault (Minn. Stat. § 604.01, subd. 1).
Partial fault does not automatically end a claim. It is one more reason to preserve the evidence before anyone else explains what happened.
When more than one party is responsible
In Minnesota, each responsible party generally pays its own share of the award, but a party more than 50 percent at fault can be made to pay the whole award (Minn. Stat. § 604.02, subd. 1).
Vehicle fires and no-fault insurance
After a car crash or vehicle fire, Minnesota no-fault insurance, called personal injury protection or PIP, pays basic economic loss benefits regardless of who caused the crash (Minn. Stat. § 65B.49, subd. 1). Minimum PIP coverage is $40,000: $20,000 for medical expenses and $20,000 for income loss and other economic loss (Minn. Stat. § 65B.44, subd. 1).
To claim pain and suffering from the at-fault driver, your reasonable medical expenses (not counting diagnostic x-rays and certain rehabilitation) must be more than $4,000, or the crash must cause permanent disfigurement, permanent injury, death or disability for 60 days or more (Minn. Stat. § 65B.51, subd. 3). Scarring matters here, because permanent disfigurement is one of the ways to meet that threshold. The threshold does not limit claims against a business that made, sold, repaired or serviced a vehicle when a defect in the vehicle caused the injury (Minn. Stat. § 65B.51, subd. 4). Our Minneapolis car accident lawyers handle the crash side of these claims.
Burns at work
If you were burned on the job, workers’ compensation is generally the exclusive remedy, meaning the only remedy, against your employer (Minn. Stat. § 176.031). You may still bring a separate claim against another party whose negligence caused the burn, such as the maker of a defective machine, even while your employer pays benefits (Minn. Stat. § 176.061, subd. 5). A different rule applies when your employer and the other party were working together in a common enterprise, so this is worth reviewing early (Minn. Stat. § 176.061, subd. 1 and 4). Our Minneapolis workers’ compensation lawyers can look at both sides of a workplace burn.
Common Causes of Burn Injuries
House and apartment fires
Cooking is the leading cause of home fires, and heating and electrical malfunctions also cause tens of thousands of home fires each year, according to the U.S. Fire Administration.
Vehicle crashes
Car accidents can cause burns, and federal safety standards aim to reduce deaths and injuries from fires caused by fuel spills in crashes and from electric vehicle battery spills and electric shock (49 CFR 571.301; 49 CFR 571.305).
Scalding
Scald burns come from steam and hot liquids, such as hot water, cooking oil and hot beverages. Children under 5 and adults over 55 have a higher chance of complications from severe burns because their skin tends to be thinner.
Electrical burns
Contact with exposed wiring, arcs from high-voltage power lines and machinery or other job-related exposures can cause electrical injuries. These injuries can damage tissue under the skin that is not visible at first, so a full medical evaluation matters even when the surface wound looks small.
Chemical burns
Chemicals that touch the skin or get into the eyes can cause burns, blisters and eye pain. Under federal workplace rules, chemical makers must label containers and provide safety data sheets, and employers must train workers on the chemical hazards in their work area (29 CFR 1910.1200).
Fireworks and battery fires
Fireworks can cause burns, and the Consumer Product Safety Commission reports many home fires and deaths from lithium-ion batteries in e-bikes and other micromobility devices, often at night while the batteries were charging. After an explosion or battery fire, the scene and the remains of the device should be preserved before anything is cleaned up or thrown away.
Burn Injuries and Compensation
Doctors describe burns by depth. First-degree burns affect the outer layer of skin. Second-degree burns reach deeper and often blister. Third-degree burns, also called full-thickness burns, affect the deep layers of skin and may need skin grafts. Smoke and heat can also injure the airway and lungs, even without a visible burn.
In Minneapolis, the Minnesota Department of Health lists Hennepin Healthcare as a Level 1 trauma center. Wherever you are treated, keep copies of every record and bill.
A burn claim seeks payment for the losses the injury caused. In a burn case, the losses we document often include:
- Emergency, hospital and specialized burn care
- Skin grafts, reconstructive surgery and scar treatment
- Physical and occupational therapy
- Time away from work and lost earning ability
- Pain, scarring and disfigurement, and how they affect daily life
- Counseling for anxiety, sleep problems or post-traumatic stress
Minnesota allows punitive damages only on clear and convincing evidence that the defendant showed deliberate disregard for the rights or safety of others (Minn. Stat. § 549.20, subd. 1(a)). They cannot be requested in the first complaint; a party has to ask the court to add them after the lawsuit is filed (Minn. Stat. § 549.191). Punitive damages are uncommon: a federal study of tort trials in large counties found that about 5% of winning plaintiffs received them, and no one can promise them.
What to Do After a Burn Injury
- Get emergency care, then keep every wound care and follow-up appointment
- Photograph the burns as they heal, along with the scene, the product and any labels
- Keep the product, battery or appliance that failed, and do not return it to the seller or manufacturer
- For a workplace burn, tell your employer in writing right away, since Minnesota ties benefits to notice within 14 days (Minn. Stat. § 176.141).
- Report a vehicle fire or crash to your auto insurer promptly
- Save receipts, pay stubs and a simple journal of pain, sleep and daily limits
- Hold off on recorded statements to any insurance company until you get advice
- Call 844-SEE-MIKE for a free consultation
How 844-SEE-MIKE Helps After a Minneapolis Burn Injury
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
In burn cases, our first job is to investigate thoroughly and find out whether any safety rules were broken.
Preguntas frecuentes
How much is my burn injury case worth?
The value depends on the depth and size of the burns, the treatment you need now and later, how scarring affects your life and work, and who was responsible. Once your medical picture is clearer, we can talk through what the evidence supports.
Does scarring make a difference in a burn claim?
Scarring is part of the harm a burn claim documents. Photos over time, notes from your doctors about future treatment and your own account of how scars affect your comfort and confidence help show the full effect of the injury.
What does it cost to talk with 844-SEE-MIKE about a burn?
Nothing. The consultation is free, and if we take your case, you pay no attorney fee unless we recover money for you.
If you or someone you love was hurt in Minneapolis, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
You can also learn more about our Minneapolis personal injury lawyers and the other cases our office handles.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
