Hot water burn injuries are injuries that may occur when boiling or hot water comes into contact with a person’s skin or body, such as by the act of water being spilled on a person. Due to the nature of water, hot water burns and the injuries resulting from hot water burns are much different than burns that result from fires.
For example, water burns are often associated with the consumption of the water itself. As such, the injuries resulting in hot water burns may occur inside a person’s mouth. Hot water burns may also occur on other parts of the body similar to a normal fire, such as a person’s face, neck, chest, arms, legs, or other areas.
Hot water burn injuries are often connected with the following situations:
- Consumption of hot water or hot liquids;
- Explosions, such as those involved with a defective water heater or plumbing involved in a water heater;
- Injuries sustained during cooking;
- Injuries resulting from manufacturing processes; and/or
- Various other incidents where the use of hot water is involved.
As far as the range of burns that can result from hot water, there are four categories or degrees of burns based on damage to the skin:
- Superficial epidermal or first degree burns are burns that affect the outer layer of your skin, which is known as the epidermis.
- People with superficial burns to the epidermis may experience symptoms of redness, swelling, and minor burn pain;
- Superficial dermal burns or second degree burns are burns that reach and affect the second layer of skin, known as the dermis.
- This degree of burns can affect nerve endings, blood vessels, and the growth of hair follicles;
- Deep dermal burns are also second degree burns that are similar to superficial dermal burns, with both the first two layers of skin being damaged.
- This degree of burn is typically either extremely painful or painless depending on the damage to the nerve endings, and the individual’s skin will turn red and often swell and blister; and
- Full thickness burns are the most serious type of burns which affect all three layers of your skin, including the epidermis, dermis, and subcutis.
- This degree of burn is also known as a third-degree burn, and it requires immediate medical attention.
- Individuals with a third degree burn will often see their skin texture change into a leathery appearance and their skin will be burnt away or even appear black.
Anyone who has suffered scarring or disfigurement due to a hot water burn resulting from another person’s negligence or intentional actions can potentially bring an injury lawsuit seeking damages. This could include individuals who have been injured in accidents, victims of medical malpractice, or individuals who have been physically assaulted or attacked.
Who May Be Liable for a Hot Water Burn Injury?
As far as who can be held liable for hot water burn injuries, each case of hot water burns is different. In most cases, liability for hot water burn injuries can be traced directly to a specific incident that resulted in the burn manifesting. Then, if this incident was caused as a result of the negligent or reckless actions of another party, that specific party may then be held liable for the resulting hot water burn injuries.
Negligence is the duty placed on individuals to act in a reasonable manner in order to avoid causing injuries to others. If a person fails to act reasonably and, through this failure, causes harm to the person or property of another, then they are considered to have committed negligence.
It is important to note that the exact legal elements required for an individual to be successful in a personal injury claim for a hot water burn injury will differ from state to state. In general, the following four legal elements must be satisfied in order to prove negligence in an accident claim that resulted in hot water burn injuries:
- Duty of Care: The defendant must owe the injured person (i.e. the plaintiff) a duty of care.
- According to negligence laws, all persons owe other persons the duty to act with reasonable care and obey the laws of their state and jurisdiction;
- Breach of Duty: Next the plaintiff must show that the defendant breached their duty to drive safely.
- For example, if the defendant failed to use proper precautions when holding or transporting hot water, and they then spilled the hot water on the plaintiff, this failure to use precautions would be considered a breach of the duty of care;
- Causation: The plaintiff then must prove that the defendant’s breach is what actually caused their injuries.
- In other words, if the defendant did not actually cause the injuries, they are unlikely to be held liable for negligence; and
- Damages: Finally, the plaintiff must be able to calculate the losses and costs that are associated with the injury.
- Plaintiffs will typically make a damages claim that is expressed in a monetary amount.
- If the plaintiff cannot easily determine their total damage claim in numbers, their damages award may be reduced or outright denied for failure to state a claim.
If all of the above negligence elements are proven, the party responsible for the accident involving hot water can be held liable for resulting injuries that were directly caused by the accident.
Other examples of hot water burn cases which may result in liability include cases where a work accident is involved. In these cases, the negligent employer may be held liable for their negligent actions or inaction, such if they fail to maintain safety on the premises.
Liability related to hot water burn injuries may also be found in a product defect case, where a manufacturer is held liable for injuries resulting from the defective product being placed in the stream of commerce, such as a defective water heater that makes water too hot or explodes.
Are There Any Legal Remedies for a Hot Water Burn Claim?
In short, yes, any injured person may hold the party responsible for their hot water burn injury liable. If the plaintiff is able to prove their case against the party that was responsible for the injuries related to hot water, then they will be able to seek and prove up a monetary damages award to help them recover for their injuries.
Once again, a damage award is a specific monetary amount that is intended to reimburse the injured person for any losses that they suffered as a result of the action that injured them. Examples of common damage claims that are included in cases involving hot water burn injuries may include, but is not limited to:
- Medical expenses, including the cost of stay and burn treatments performed on the plaintiff during their stay;
- Treatments that are necessary to treat the manifestation of the adverse effects of burns that resulted from the hot water incident;
- Lost wages or lost earning capacity; and/or
- Pharmaceutical costs related to the medication and topical creams necessary to care for the plaintiff.
In especially serious cases, a plaintiff may also recover punitive damages if the other party’s actions or inaction was willful and malicious. For example, if the party responsible for the hot water burn incident intentionally threw hot water at the plaintiff, then the court may order punitive damages in order to punish that party. Importantly, the availability of punitive damages varies from state to state.
Do I Need a Lawyer for Assistance with a Water Burn Lawsuit?
If you were involved in a hot water accident that was caused by another person that resulted in a hot water burn developing, it may be in your best interests to consult with an experienced personal injury lawyer. Your personal injury lawyer can help you understand your legal rights and options according to your state’s specific personal injury laws.
Additionally, a hot water burn lawyer will be knowledgeable as to how to properly initiate a civil lawsuit against the party responsible for your burn injuries, and help you gather the evidence necessary to prove your damage claim. Finally, your personal injury lawyer will also be able to represent you in court, as needed.
