Can You Sue for a Burn Injury in Texas? Your Legal Guide

Burn Injury Lawsuits in Texas

A serious burn doesn’t just scar your skin – it can upend your life. If you’re reading this after a fire, explosion, chemical burn, or workplace accident, you may be wondering: Can I sue for this? And if so, what are my rights in Texas?

Yes, Texas law allows you to sue for a burn injury if someone else’s negligence or a dangerous product caused your harm. That includes burns from unsafe workplaces, poorly maintained property, vehicle fires, or defective equipment.

But burn injury claims are different. They often involve long recoveries, permanent damage, and a lifetime of physical and emotional trauma. That’s why it’s so important to understand who might be legally responsible – and how to get the compensation you may need for medical care, lost income, and your future quality of life.

This guide walks you through everything you need to know about burn injury lawsuits in Texas: how they work, who’s liable, what you can claim, and the most important steps to take.

What Are the Most Common Causes of Burn Injuries in Texas?

Burn injuries can happen in an instant – but their effects can last a lifetime. In Texas, these injuries are especially common in industries like oil and gas, construction, food service, and manufacturing. But they can also occur at home, on the road, at school, or even in public spaces.

Here are the most common causes of serious burns in Texas:

• Workplace accidents
  Jobs that involve heat, chemicals, electricity, or open flames carry a higher risk. In Texas, workers in oil refineries, chemical plants, and industrial kitchens face burns from explosions, hot equipment, or hazardous substances.
• Car crashes involving fire
  High-impact collisions can rupture fuel tanks or ignite flammable materials inside the vehicle. Burn injuries from these crashes are often severe and may involve multiple parties – such as the at-fault driver, a vehicle manufacturer, or even a parts supplier.
• Defective products
  When a product explodes, overheats, or catches fire, the manufacturer may be liable. This includes everything from home appliances and space heaters to batteries, chargers, and even e-cigarettes.
• Unsafe properties
  Property owners have a duty to maintain safe conditions. Fires caused by faulty wiring, missing smoke detectors, blocked exits, or neglected heating systems can all lead to liability if someone is burned on the premises.
• Chemical exposure
  Whether at work or home, chemical burns can occur from direct contact with strong acids or bases – often due to poor labeling, storage, or training.
• Electrical burns
  These happen when someone comes into contact with an active electrical current. They can cause both internal and external injuries and are especially dangerous on construction sites or during faulty repairs.

Burns are categorized by degrees – first, second, and third – with third-degree being the most severe. But regardless of the category, burns that require hospitalization, surgery, or leave lasting scars are considered serious and may qualify for a legal claim.

Who Can Be Held Liable for a Burn Injury in Texas?

To file a burn injury lawsuit, you need to know who’s legally responsible. In Texas, liability depends on where the burn happened, how it happened, and who had a duty to prevent it. That duty could fall on a person, a business, a product manufacturer – or several parties at once.

Here are the most common liable parties in Texas burn injury cases:

• Employers
  If the burn happened at work – especially in high-risk fields like oil and gas, welding, or food service – your employer might be liable. Texas doesn’t require most private employers to carry workers’ comp, which means you may be able to sue directly if safety rules were ignored or equipment was unsafe.
• Property owners or landlords
  If you were burned in an apartment fire, restaurant, hotel, or store, the property owner may be at fault. Texas law requires owners to keep their property reasonably safe. If faulty wiring, lack of smoke alarms, or blocked fire exits led to your injury, they may be legally responsible.
• Manufacturers and sellers
  Defective products – like flammable clothing, faulty space heaters, or exploding batteries – can cause devastating burns. If a product was dangerous due to poor design, bad manufacturing, or inadequate warnings, the company that made or sold it may owe you compensation.
• Drivers and vehicle makers
  If you were burned in a vehicle fire after a crash, the at-fault driver might be liable. In some cases, the vehicle manufacturer or parts supplier could also be responsible – especially if a design flaw caused a fuel tank to rupture or an electrical fire to start.

In many cases, more than one party is responsible. For example, if a worker is burned by a defective machine in an unsafe warehouse, the manufacturer and property owner might both share blame.

Understanding who had control over the hazard – and who failed to prevent it – is the first step in building a strong claim.

What Do You Have to Prove in a Texas Burn Injury Lawsuit?

Knowing that someone caused your injury isn’t enough to win a case – you have to legally prove it. In Texas, most burn injury lawsuits are based on negligence, which means showing that someone failed to act reasonably and that failure led to your harm.

Here’s what you must prove:

1. Duty of care
   The person or company had a legal obligation to keep you safe. For example, a landlord has a duty to install working smoke alarms. A manufacturer must produce safe, properly labeled products.
2. Breach of that duty
   They didn’t meet that obligation. Maybe they ignored a fire hazard, skipped maintenance, or sold something with a known defect.
3. Causation
   Their failure directly led to your burn. You have to show a clear connection between their actions – or inaction – and your injury.
4. Damages
   You must show that you suffered real harm: physical injury, medical costs, lost wages, pain, or disfigurement.

Texas also follows a rule called modified comparative fault. This means if you’re found to be 51% or more at fault, you can’t recover anything. If you’re less than 51% responsible, your compensation is reduced by your percentage of fault.

For example: If a jury finds you 20% at fault for not using protective gear and awards $100,000, you’d receive $80,000.

Finally, keep in mind the statute of limitations: In Texas, you generally have two years from the date of the injury to file a lawsuit. If you miss that deadline, your claim may be dismissed – even if it’s a strong one.

Building a case that meets all of these elements takes more than just telling your story. It requires solid documentation, evidence, and often expert input. That’s why talking to a burn injury attorney early is so important.

What Compensation Can You Get in a Burn Injury Lawsuit?

Burn injuries are some of the most painful, traumatic, and expensive injuries a person can suffer. The treatment is often long-term. The scars – both physical and emotional – can last a lifetime. That’s why Texas law allows victims to seek broad compensation through a personal injury claim.

Here’s a breakdown of what you may be entitled to:

Economic Damages (Your Out-of-Pocket Losses)

These are the tangible financial costs of your injury:

• Medical bills – ER visits, surgeries, skin grafts, pain management, rehabilitation, and ongoing care.
• Future medical care – Many burn victims need years of follow-up treatment, including physical therapy or reconstructive procedures.
• Lost wages – If your injury forced you to miss work, you can claim those lost earnings.
• Lost future income – If you can’t return to your job – or your earning ability is reduced – Texas law lets you pursue future wage loss.
• Home or vehicle modifications – If your burns caused permanent disability, you may be compensated for ramps, special equipment, or other adjustments.

Non-Economic Damages (The Human Cost)

These losses are just as real – but harder to calculate:

• Pain and suffering – Burn injuries often involve extreme physical pain and discomfort, especially during healing and procedures.
• Mental anguish – It’s common to experience anxiety, depression, PTSD, or sleep disturbances after a traumatic burn.
• Disfigurement – Permanent scarring, amputations, or visible changes to your appearance can impact everything from your confidence to your social life.
• Loss of enjoyment of life – If your injury affects your ability to enjoy hobbies, relationships, or daily activities, that loss is compensable.

Punitive Damages (In Rare Cases)

If the responsible party acted with gross negligence or intentional harm, the court may award punitive damages. This is meant to punish extreme misconduct – such as knowingly selling a dangerous product or failing to fix a fire hazard that was repeatedly reported.

The bottom line: Your compensation should reflect not just what’s happened to you, but what lies ahead. That’s why it’s important to avoid quick settlements and make sure every damage – now and in the future – is considered.

Common Challenges in Texas Burn Injury Cases

Burn injury cases are some of the most serious – and legally complex – claims in Texas. Even when the cause seems obvious, insurance companies and defendants will look for ways to reduce or deny your claim. Understanding the most common obstacles upfront can help you prepare and protect your rights.

1. Severity invites pushback

The more serious the injury, the more money is at stake – and the harder insurers fight. Burn cases often involve six- or seven-figure damages, which means the other side may invest heavily in defense tactics, delay strategies, or lowball settlement offers.

2. Multiple parties may be involved

You may be dealing with a property owner, an employer, a product manufacturer, and an insurance company – all at the same time. That adds complexity and increases the need for experienced legal guidance to coordinate claims and evidence.

3. Proving causation can be tricky

Especially in cases involving explosions, chemicals, or defective products, it can take expert analysis to show exactly what caused the burn and who’s responsible. That means collecting early evidence is critical – photos, safety reports, inspection records, and witness statements.

4. Insufficient insurance coverage

Even if someone is clearly at fault, their insurance policy may not be enough to cover the full cost of your recovery. You may need to explore other sources of compensation, such as underinsured policies, umbrella coverage, or third-party claims.

5. Fast settlements can hurt you

Many burn victims are offered a quick payout – especially before the full extent of the injury is clear. It’s tempting to accept when you’re overwhelmed by bills and pain. But these early offers rarely account for future care, surgeries, or long-term impact. Once you settle, you usually can’t go back.

What Should You Do Right After a Burn Injury?

The first hours and days after a serious burn can feel overwhelming. You’re in pain, trying to get treatment, and unsure what to do next. But the actions you take – or don’t take – right now can make a major difference in your legal case down the road.

Here’s what you should do immediately after a burn injury in Texas:

1. Get medical care – no matter what

Even if the burn doesn’t look “that bad,” see a doctor. Burns often worsen over time or lead to infections. Having an official diagnosis and medical records also strengthens your claim.

2. Take photos

Document the scene, the hazard (like faulty wiring, chemicals, or equipment), and your injuries. Don’t wait – conditions can change quickly, especially at a job site or business.

3. Report the incident

• If it happened at work, notify your employer immediately and ask for a copy of the incident report.
• If it happened in a public place or someone else’s property, report it to the manager or owner in writing.

4. Save everything

Keep a file with:

• Medical records and bills
• Photos of your injuries and recovery process
• Any emails or texts related to the injury
• Proof of lost income or missed work

5. Be cautious with insurance adjusters

You might be contacted by an insurance rep asking for a recorded statement. Don’t feel pressured to talk or accept anything without legal guidance. These calls are often designed to protect the insurer – not you.

6. Contact a burn injury attorney

Serious burns require serious representation. A personal injury lawyer with experience in burn cases can help identify who’s responsible, protect your claim from early missteps, and fight for full compensation – not just the first number the insurer offers.

FAQs About Burn Injury Lawsuits in Texas

What counts as a serious burn in a lawsuit?
A “serious” burn usually means a second- or third-degree burn that requires medical treatment beyond basic first aid. This includes burns that cover large areas, go deep into the skin, require grafts, or result in permanent scarring. If your injury affected your ability to work, needed hospitalization, or altered your appearance, it’s likely considered legally significant.

Can I sue if the burn happened at work in Texas?
Maybe. Texas doesn’t require most private employers to carry workers’ comp, so if your employer doesn’t subscribe, you may be able to file a personal injury lawsuit directly. Even if your employer does have coverage, you might still have a claim against a third party – like a contractor, property owner, or equipment manufacturer.

Is there a deadline to file a burn injury lawsuit in Texas?
Yes – under Texas law, you usually have two years from the date of the injury to file a lawsuit. If the burn involved a government entity (like a city-owned building or school), the deadline could be as short as six months under the Texas Tort Claims Act. It’s critical to act fast so your claim doesn’t expire.

What if my burn came from a car fire or vehicle explosion?
You may have a claim against the at-fault driver – or even the car manufacturer if a defect (like a faulty fuel system or battery) contributed to the fire. These cases often involve both personal injury and product liability laws. If the crash happened in a high-traffic area like Dallas’s I-635 or US-75, be sure to get the crash report and preserve photos of the scene.

Can I still recover compensation if I had a previous injury or scar?
Yes. Texas law allows compensation when a new injury worsens a pre-existing condition. If a fresh burn made an old scar worse – or reopened an old wound – you can still recover damages for the increased harm and additional care required.

Do I need a lawyer near me to handle my burn injury case?
While you don’t have to hire someone local, having a Texas-based attorney (especially one familiar with Dallas-area courts, burn care specialists, and insurance tactics) can help your case move faster and more effectively.

What to Do If You’ve Suffered a Burn Injury in Texas

If you’ve experienced a serious burn injury – whether from a workplace accident, apartment fire, car crash, or defective product – you need more than just medical care. You need legal support from someone who understands how devastating these cases can be.

Call Dallas burn injury lawyer Aaron Genthe at Genthe Law Firm today at (214) 957-0898.
He’ll walk you through your options, handle the legal process, and fight to get you the compensation you deserve.

Your future matters. Don’t wait for the insurance companies to decide what it’s worth.