Texas Burn Injury Attorneys · 30+ Years

Fort Worth Burn Injury Attorney

Burn injuries from vehicle fires, commercial-property hazards, defective products, or construction accidents are among the most painful and expensive injuries in modern medicine. Texas Civil Practice & Remedies Code §16.003 gives you two years to file. Burn-care costs routinely exceed $1 million for catastrophic cases. We work with life-care planners and medical experts to capture full damages. Free consultation, no fee unless we win.

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Texas burn injury law — quick answers

Statute of limitations? Two years under Tex. Civ. Prac. & Rem. Code §16.003. Chapter 82 product-liability claims are also two years.
Burn classification? First-degree (superficial), second-degree (partial-thickness), third-degree (full-thickness), fourth-degree (involving muscle/bone). Most litigation cases are second-degree and above.
Premises liability? Wal-Mart Stores v. Reece (Tex. 2002) — actual or constructive knowledge of the hazard required.
Comparative fault? 50% or less under §33.001.
Damages? Medical (§41.0105 paid-or-incurred), lost wages, pain and suffering (burns produce some of the most severe documented pain), mental anguish, impairment, disfigurement. Burn-care costs routinely exceed $1M.
Exemplary damages? Under §41.003 — gross negligence in fire-safety violations, defective products, and DWI fires.

Why burn injury cases require specialized legal handling

Burn injuries are unlike any other personal-injury case category in three critical ways: the medical complexity, the cost of treatment, and the long-term impairment trajectory. A severe burn case involves an ICU admission, multiple skin-graft surgeries over weeks or months, aggressive infection management (burn patients are highly susceptible to sepsis), reconstructive surgery sometimes years after the initial injury, and psychological treatment for PTSD that is well-documented in burn-survivor populations.

North Texas has two regional burn centers that handle the highest-severity cases: Parkland Memorial Hospital's Burn Center in Dallas (the Level I trauma facility for the region) and the burn unit at JPS Health Network in Fort Worth. UMC Health System serves the Lubbock region. Catastrophic burn patients are sometimes transferred to specialty centers including the Shriners Hospital for Children in Galveston (for pediatric burn care) and the U.S. Army Institute of Surgical Research at JBSA-Fort Sam Houston (for military and civilian referrals).

The legal framework that applies depends on the cause. Vehicle-fire cases proceed under standard Texas auto-negligence law plus the Federal Motor Carrier Safety Regulations for commercial-truck fires. Commercial-property burn cases proceed under Texas premises-liability law (Wal-Mart Stores v. Reece). Defective-product cases (a malfunctioning space heater, exploding lithium-ion battery, defective gas appliance) proceed under Tex. Civ. Prac. & Rem. Code Chapter 82 strict products liability. Construction-site burn cases involve Chapter 95 limits plus OSHA standards. We assemble the right defense team and the right experts for each cause category.

Common Texas burn injury case types

Vehicle fire cases

Post-collision fuel-system fires, electrical-system fires, and battery fires (increasingly common with EVs). Liability frameworks include the at-fault driver, the motor carrier (if commercial), the vehicle manufacturer (for defective fuel systems), and the design defect under Chapter 82.

Commercial truck fires

Diesel-fuel fires after impact, brake-system fires from overheating, and cargo fires from improperly secured hazmat. FMCSR overlay under 49 CFR Parts 350-399 creates additional duties.

Apartment fires and code violations

Texas Property Code §92.052 imposes habitability duties on residential landlords. Failure to install or maintain smoke detectors, defective wiring, or code violations producing apartment fires create landlord liability.

Restaurant kitchen accidents

Customer or employee burns from improperly secured cookware, kitchen-area spills, hot-beverage scalding, and inadequate hazard warning signage. Premises liability under Reece.

Defective product fires

Lithium-ion battery fires (phones, e-bikes, hoverboards), defective space heaters, gas-appliance malfunctions. Chapter 82 strict liability applies.

Industrial and construction burns

Welding accidents, chemical spills, electrical-equipment failures, oilfield fires. OSHA citations under 29 CFR Parts 1910 and 1926 become evidence of negligence.

Chemical burns

Caustic-substance exposure at commercial properties, hotel-pool chlorine accidents, occupational chemical exposure. OSHA Hazard Communication Standard (29 CFR §1910.1200) applies in workplace cases.

Electrical burns

Exposed wiring at construction sites, electrical-equipment failures, utility-line accidents. National Electric Code (NEC) standards become evidence of negligence.

Texas burn injury law — the framework

Two-year statute of limitations (§16.003)

Two years from the date of injury for negligence claims. Chapter 82 product-liability claims also two years from the date of injury (not date of sale).

Premises liability (Reece)

Wal-Mart Stores v. Reece (Tex. 2002) — plaintiff must prove actual or constructive knowledge, unreasonable risk, failure to exercise reasonable care, and proximate cause.

Strict products liability (Chapter 82)

Tex. Civ. Prac. & Rem. Code Chapter 82 governs claims against manufacturers and sellers of defective products. Includes design-defect, manufacturing-defect, and failure-to-warn theories.

Modified comparative fault (§33.001)

51% bar — plaintiff can recover damages if 50% or less at fault. Damages reduced by plaintiff's fault percentage.

Paid or incurred medicals (§41.0105)

Limits medical-bill recovery to amounts actually paid or incurred. Critical in burn cases where billed amounts are routinely 3-5x paid amounts.

Exemplary damages (§41.003)

Available on clear and convincing evidence of gross negligence — failure to install smoke detectors with prior notice, known-defective product not recalled, repeated OSHA violations.

Construction premises (Chapter 95)

Tex. Civ. Prac. & Rem. Code Chapter 95 limits property-owner liability for contractor injuries on the premises in some circumstances. Does not apply to ordinary visitors.

Wrongful Death (Chapter 71)

If a burn injury results in death, Tex. Civ. Prac. & Rem. Code Chapter 71 governs. Statutory beneficiaries (spouse, children, parents) recover wrongful-death damages; §71.021 survival action preserves the decedent's pre-death claims.

Damages available in a Texas burn injury case

Economic damages

Past and future medical expenses (§41.0105) — burn ICU, surgeries, grafts, infection management
Past lost wages and future loss of earning capacity
Life-care planning costs — pressure garments, scar therapy, future reconstructive surgery
Home modifications for impairment
Out-of-pocket costs and transportation

Non-economic damages

Past and future physical pain and suffering — burns produce some of the most severe documented pain
Past and future mental anguish — PTSD is common in burn survivors
Past and future physical impairment
Disfigurement — visible scarring, contractures
Loss of consortium for a spouse

Exemplary (punitive) damages

Under §41.003 — clear and convincing evidence of gross negligence. Known-defective products, smoke-detector violations with prior notice, repeated OSHA fire-safety violations all support the pleading.

Wrongful Death / Survival

Statutory beneficiaries recover under Chapter 71 when a burn injury proves fatal. §71.021 survival statute preserves the decedent's pre-death pain-and-suffering claim for the estate.

Related Texas injury cases we handle

Common questions from Texas burn injury clients

What is the deadline to file a Texas burn injury lawsuit?

Two years from the date of the injury under Texas Civil Practice & Remedies Code §16.003. Product-liability claims for defective products under Tex. Civ. Prac. & Rem. Code Chapter 82 are also two years. If a governmental entity caused the burn (a city vehicle, a public facility), Texas Tort Claims Act notice deadlines under §101.101 can be as short as six months.

What types of burns can support a personal injury claim?

Thermal burns from fires, hot liquids, hot surfaces, or steam; chemical burns from caustic substances; electrical burns from exposed wiring or faulty equipment; friction burns from road rash in motorcycle and bicycle crashes; and radiation burns. Severity is classified by depth (superficial/first-degree, partial-thickness/second-degree, full-thickness/third-degree, and fourth-degree). Most cases that reach litigation involve second- through fourth-degree burns requiring skin grafting.

Who can be sued in a Texas burn injury case?

Depending on the cause: the at-fault driver and motor carrier in vehicle-fire cases; the property owner under premises-liability doctrine (Wal-Mart v. Reece) in commercial-property cases; the product manufacturer and seller under Chapter 82 in defective-product cases; the contractor, designer, or property owner in construction-site cases; and the utility or contractor in electrical-injury cases. We map every available defendant and policy layer.

How does Texas premises liability apply to burn cases?

Texas premises-liability law requires the plaintiff to prove (1) the owner had actual or constructive knowledge of the dangerous condition, (2) the condition posed an unreasonable risk, (3) the owner did not exercise reasonable care, and (4) the failure proximately caused the injury — per Wal-Mart Stores v. Reece, 81 S.W.3d 812 (Tex. 2002). Common premises burn cases involve restaurant kitchen accidents, hotel-pool chemical burns, and apartment-fire cases driven by code violations.

What damages are available in a Texas burn injury case?

Past and future medical expenses (subject to §41.0105 paid-or-incurred — burn care is among the most expensive in modern medicine, often $1M+ for catastrophic cases), past and future lost wages and loss of earning capacity, past and future pain and suffering (burn pain is among the most severe documented in the medical literature), mental anguish (PTSD is common in burn cases), physical impairment, disfigurement (Texas juries treat scarring and disfigurement seriously), and loss of consortium. Exemplary damages under §41.003 are available where gross negligence is shown.

What's different about burn injury treatment costs?

Burn care is one of the most expensive medical specialties. A severe burn requiring ICU admission, skin grafting, infection management, rehabilitation, and reconstructive surgery routinely exceeds $1 million in lifetime cost. The American Burn Association estimates burn-care costs at $4,000-$8,000 per percent total body surface area for hospitalization alone. Long-term scar revision, pressure-garment therapy, and physical/occupational rehabilitation extend treatment for years. We work with life-care planning experts to capture future damages.

Where will my Texas burn injury case be filed?

Tarrant County District Courts (Tom Vandergriff Civil Courts Building, 100 N. Calhoun Street, Fort Worth) handle most Fort Worth-area burn cases. The 17th, 48th, 67th, 96th, 141st, 153rd, 236th, 322nd, 325th, 342nd, 348th, 352nd, 360th, 393rd, and 432nd District Courts handle civil cases. Cases statewide are filed where the injury occurred or where the defendant resides under Tex. Civ. Prac. & Rem. Code §15.002. Federal cases at the N.D. Tex. or other applicable federal district.

How much does it cost to hire Patterson Law Group?

Nothing up front. We take Texas burn injury cases on contingency — no fees unless we recover. We advance investigation, expert (fire-cause investigators, medical experts, life-care planners), and litigation costs out of pocket. Free consultation, no obligation. Se habla español.

Suffered a burn injury in Texas? Talk to a trial lawyer today.

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Legally reviewed by Travis Patterson, Managing Partner of Patterson Law Group.