A restaurant worker in Old Town Rock Hill slips near a fryer, sending hot oil splashing. An electrician at a site near TechPark touches a wire that should have been grounded. In an instant, skin is damaged, nerves are shocked, and a life is altered. Burn injuries are among the most painful and traumatic experiences a person can endure. They require immediate medical attention at facilities like Piedmont Medical Center and often involve long-term rehabilitation.
However, not all burns are the same, and neither are the legal paths to recovery. The Law Offices of Wilkerson Jones and Wilkerson helps victims understand that liability depends heavily on how the burn happened. Whether caused by fire, chemicals, or electricity, South Carolina law provides avenues for justice. This guide breaks down the specific burn injury claims recognized in our state.
What Categories of Burn Injury Claims Exist in SC?
“South Carolina law recognizes four primary categories of burn injury claims based on the cause: Thermal, Chemical, Electrical, and Radiation. To pursue a claim successfully, the injured party must generally prove negligence, product liability, or a workplace safety violation.”
Understanding the “mechanism of injury” is the first step in building a case. The cause of the burn tells us who is responsible whether it is a landlord, a product manufacturer, or an employer.
1. Thermal Burns
These are the most common types of burns, caused by contact with flames, steam, hot liquids, or hot surfaces. In Rock Hill, we often see these claims arise from:
- Apartment Fires: If a landlord failed to install smoke detectors or fix faulty wiring, they may be liable.
- Scalding Incidents: If a hotel or nursing home sets water heaters to dangerous temperatures, residents can suffer severe scalds.
- Auto Accidents: Gas tank explosions or engine fires following a collision on I-77.
2. Chemical Burns
Chemical burns occur when harsh substances like acids, alkalis, or detergents touch the skin. These are distinct because the damage continues until the chemical is neutralized. Common scenarios include:
- Industrial Accidents: Workers handling dangerous solvents without proper protective gear.
- Defective Cleaning Products: Household cleaners that leak or lack proper warning labels.
- Construction Sites: Exposure to wet cement or lime.
3. Electrical Burns
When high-voltage electricity passes through the body, it causes deep tissue damage that might not be visible on the surface. These injuries often involve cardiac issues as well. Liability in these burn injury claims often points to:
- Negligent Maintenance: Property owners failing to fix exposed wiring.
- Product Defects: Tools or appliances that short-circuit.
- Utility Company Negligence: Failure to maintain power lines or transformers safely.
4. Radiation Burns
While less common, radiation burns can be devastating. They are caused by prolonged exposure to ultraviolet rays or radiation sources. Legal claims here might involve:
- Medical Malpractice: Improper administration of radiation therapy during cancer treatment.
- Tanning Salons: Defective beds or staff failing to enforce time limits, leading to severe UV burns.
How Do You Prove Liability in a Rock Hill Burn Case?
Identifying the burn type is just the beginning. To secure compensation, a victim must link the injury to someone else’s actions. In South Carolina, there are three main legal theories used in burn injury claims:
- Negligence: This is the most common. It means someone had a duty to keep you safe and failed. For example, a landlord who ignores fire codes.
- Product Liability: If a vape pen battery explodes in your pocket, the manufacturer is strictly liable for selling a dangerous product. You do not always have to prove they were “careless,” just that the product was defective.
- Workers’ Compensation: If the burn happened at work, you generally cannot sue your employer. Instead, you file for workers’ comp benefits. However, if a third party (like a subcontractor) caused the burn, you might have a separate civil claim.
A Human Perspective on Burn Recovery
Burn injuries are unique because they leave permanent reminders. The physical scarring is matched only by the emotional trauma. Victims often endure painful skin graft surgeries and years of physical therapy to regain mobility. The heat sensitivity and disfigurement can lead to depression and social anxiety.
Experts say that documenting this journey is vital. Photographs of the healing process, journals about daily pain levels, and records from mental health counselors help a jury understand that the damage goes deeper than the skin. Every person deserves to feel comfortable in their own body, and the law recognizes “pain and suffering” as a major part of these claims.
Why Experience Matters in Rock Hill
The Law Offices of Wilkerson Jones and Wilkerson understands the medical complexity of burns. We know that a “minor” electrical burn can cause long-term nerve damage. We work with medical experts to calculate the true cost of future care. When a person is fighting a big insurance company or a product manufacturer, they need a partner who is rigorous and relentless.
A person should not have to pay for a mistake that a negligent property owner made. If a company cuts corners on safety, they should be the one to pay the bills. Rock Hill residents deserve the highest standard of safety, whether at work, at home, or on the road.
Suffering from a Burn Injury? Get a Professional Case Review in Rock Hill.
FAQs
Can I sue for a minor burn injury?
Yes, if it was caused by negligence. Even small burns can become infected or leave scars. However, the value of the claim will depend on the medical costs and the impact on your life.
Is Workers’ Comp my only option for a workplace burn?
Usually yes for the employer, but not always. If a defective machine caused the burn, you may have a “third-party claim” against the machine manufacturer in addition to workers’ comp.
What damages can I recover in a burn injury claim?
You can seek compensation for medical bills, lost wages, pain and suffering, disfigurement, and the cost of future surgeries or skin grafts.
How long do I have to file a burn injury lawsuit?
In South Carolina, the Statute of Limitations is generally three years from the date of the injury. It is critical to act fast to preserve evidence like charred wiring or video footage.
Does SC law cover psychological damage from burns?
Yes. Mental anguish, PTSD, and loss of enjoyment of life are valid components of a personal injury claim, especially given the traumatic nature of burn incidents.
Free case review: Call us or send a message to start a confidential consultation today.
About Us
Attorney F. Craig Wilkerson, Jr. is a former Marine Corps officer with approximately 20 years of experience in personal injury and civil litigation.
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