California Burn Injury Law: Understanding Your Rights After Severe Thermal, Electrical, Chemical, or Explosion - Related Burns
Burn injuries are among the most catastrophic injuries a person can suffer. They can occur in seconds but leave lifelong physical and psychological damage. Burn victims often face hospitalization, surgeries, skin grafts, permanent scarring, nerve damage, and emotional trauma.
At Bakh Law Group (BLG), we represent victims who suffered burn injuries caused by defective products, fires on unsafe premises, gas or electrical explosions, chemical exposure, workplace negligence, and negligent medical or cosmetic treatment.
California law allows burn injury victims to pursue compensation through product liability, premises liability, negligence, and professional malpractice claims—each supported by CACI jury instructions governing liability, causation, and damages.
In Order to Win a Burn Injury Case, Here's What Must Be Proven
Burn cases typically fall into four major legal categories:
- Product Liability (CACI 1200–1206)
- Premises Liability (CACI 1000 series)
- General Negligence (CACI 400, 401, 430)
- Professional Negligence (CACI 600 series–medical/spa/esthetician negligence)
Depending on how the burn occurred, multiple theories may apply.
Product defects are one of the leading causes of burn injuries. These cases do not require proving negligence—only that the product was defective and caused injury.
Under CACI 1200–1206, a product can be defective due to:
A. Design Defect
The product’s design itself is unsafe. Examples:
- Lithium-ion batteries that overheat and ignite (phones, scooters, e-bikes, power tools).
- Space heaters prone to tipping or overheating.
- Gas appliances with unsafe ignition systems.
- Cars with faulty fuel systems or electrical harnesses.
B. Manufacturing Defect
Something went wrong in the construction of this particular unit:
- A pressure cooker with a defective seal that explodes.
- A faulty wire in an appliance that sparks a fire.
- An e-cigarette battery with unstable cell construction.
C. Failure to Warn
- Chemical products that can burn skin on contact.
- Hair or facial treatments containing acids but lacking proper safety instructions.
- Industrial cleaning agents without proper dilution warnings.
To win under product liability, a plaintiff must show:
- The defendant manufactured, distributed, or sold the product
- The product contained a defect
- The defect caused the burn injury
- The product was used reasonably
- The defect was a substantial factor in causing harm
These elements are reflected in the CACI 1200 series instructions.
Burn injuries also occur because property owners fail to maintain safe premises. This includes:
- Apartment fires
- Restaurant or commercial kitchen fires
- Faulty wiring
- Exploding electrical panels
- Gas line leaks
- Hot water system failures (scalding injuries)
- Fire pits with unsafe maintenance
- Propane explosions
- Flammable liquid storage violations
Under CACI 1000, a plaintiff must prove the property owner:
- Owned, leased, occupied, or controlled the property
- Was negligent in maintaining the property
- Caused a dangerous condition (e.g., unsafe wiring, lack of fire
- And that negligence was a substantial factor in causing harm
Common dangerous conditions causing burns include:
- Absence of smoke detectors
- Malfunctioning sprinklers
- Improper storage of flammable materials
- Exposed wires
- Dangerous apartment heaters
- Faulty gas lines
- Blocked fire exits
BLG investigates compliance with fire codes, building codes, and safety standards.
Explosions are among the most devastating causes of burns. These may result from:
- Gas leaks
- Propane tank failures
- Chemical storage accidents
- Vehicle explosions
- Battery explosions
- Industrial equipment failures
- Aerosol can explosions
- Construction site failures
Explosion claims may include:
- Product liability
- Premises liability
- Negligence
- Workers’ compensation
- Third-party liability
Explosion injuries often include:
- Thermal burns
- Blast injuries
- Inhalation injuries
- Debris trauma
- Permanent scarring
Chemical burns occur from:
- Acid and alkalis
- Industrial cleaning agents
- Battery electrolyte leaks
- Spa/esthetician chemical peels
- Pool chemicals
- Laundry detergents in high concentration
- Cement exposure
- Drain cleaners
- Bleach misuse
Liable parties may include:
- Product manufacturers
- Employers
- Property owners
- Medical providers
- Spas or estheticians
- Contractors handling hazardous chemicals
Chemical burns often require specialized medical treatment due to tissue penetration and delayed symptoms.
Many modern cosmetic and medical procedures carry burn risks, including:
- Laser hair removal burns
- Chemical peel burns
- IPL therapy burns
- Microdermabrasion burns
- Light therapy burns
- Waxing burns
- Facial treatment chemical burns
- Hot towel burns
- Improper use of acids (glycolic, salicylic, TCA)
- Electrocautery burns
- Improper handling of surgical tools
Under professional negligence standards (CACI 600 series):
A practitioner must use the level of skill, knowledge, and care that a reasonably careful professional in that field would use.
Burns caused by improper settings, poor supervision, incorrect chemical mixtures, or unsafe procedures are often malpractice.
- First-degree burns
- Second-degree burns
- Third-degree burns
- Electrical Burns
- Chemical burns
- Steam burns
- Scalding burns
- Thermal burns
- Inhalation burns
- Radiation burns
- Explosion-related burns
- Lithium-ion batteries
- Pressure cookers
- Space heaters
- Household appliances
- Defective wiring
- Gas leaks
- Restaurant equipment
- Industrial machinery
- Chemical exposure at work
- Spa/esthetician procedures
- Beauty salons
- Faulty fire suppression systems
- Apartment/house fires
- Car fires
- Exploding products
Burn injuries often result in extremely high-value cases due to:
- Hospitalization
- Burn unit treatment
- Skin graft surgeries
- Nerve damage
- Permanent scarring
- Psychological trauma
- PTSD
- Loss of mobility
- Chronic pain
- Lost wages and future earnings
- Long-term disability
Victims may recover:
- Past & future medical expenses
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Loss of earning capacity
- Future surgeries
- Wrongful death damages
Yes — burn injuries are medically and legally complex.
Generally 2 years, but some cases have shorter deadlines.
Yes, depending on circumstances.
Clothing manufacturers may be liable if materials failed standards.
Yes, including smoke and chemical fumes.
Yes and compensation accounts for this.
Absolutely. Do not alter or discard it.
BLG conducts independent investigation.
Substantially, especially facial or visible scarring.
Yes—documentation is crucial.
You may file a negligence claim.
Yes—gas, electrical, chemical, and battery explosions.
Children often receive enhanced compensation.
Usually through workers’ comp, but third parties may also be liable.
That is a premises liability claim.
Often yes, especially in product or medical cases.
Yes—premises liability may apply.
You can pursue third-party negligence.
Yes, through workers’ comp and potential third-party claims.
Possibly, if the misuse was foreseeable.
A recall supports defect evidence.
Yes. They frequently involve manufacturing defects.
Medical negligence applies.
Yes. That is professional negligence.
Yes. Landlords must maintain safe utilities.
This significantly strengthens a case.
Yes, if unsafe conditions contributed.
This is a common product liability case.
No. You only need to prove the product was defective.
Yes. Strict product liability often applies.
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If you’ve been injured in a car accident anywhere in California, call Bakh Law Group, PC for a free consultation. We’ll review your case, explain your rights, and help you secure the compensation you deserve.
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