Proving Negligence in Burn Injury Cases

Burn injuries are among the cruelest catastrophes a person can endure. They leave physical scars, emotional trauma, and overwhelming medical bills. But when someone else’s negligence causes your burn, the law gives you a path to seek justice.

At Mainor Ellis Injury Lawyers, we help burn victims in Nevada understand how negligence works, what you must prove, and how to build a strong case. Below is a roadmap.

Nevada’s Rule of Negligence

In Nevada, negligence is the backbone of most personal injury claims. To succeed, you must prove, by a preponderance of the evidence, four essential elements: (1) duty; (2) breach; (3) causation; and (4) damages.

1. Duty: The defendant (person, business, property owner) owed you a legal obligation to act with reasonable care under the circumstances.
2. Breach of duty: They violated that duty by acting carelessly or failing to act when they should have.
3. Causation: Their breach must be both the “but-for” cause and a proximate cause of your burn injury.
4. Damages: You must have suffered real harm. That’s your medical bills, lost wages, pain and suffering, disfigurement, and others.

A burn case might also involve negligence per se. Meaning a defendant violated a statute or safety regulation intended to protect people like you. And that violation automatically establishes breach.

Some cases even rise to gross negligence, where the defendant’s conduct showed a high degree of disregard for safety. Under Nevada law, gross negligence is more than ordinary negligence, as it reflects “an indifference to present legal duty.”

Special Issues in Burn Cases

Burn injuries carry unique challenges you must confront:

1. Proving the Duty and Breach

Often, the defendant is a manufacturer, property owner, landlord, or employer. For example: faulty wiring, inadequate fire exits, lack of smoke detectors, flammable materials not stored safely. You must show that in that context a reasonable actor would have done more.

In product-burn cases, you might combine product liability theories (defect, failure to warn) with negligence. You’ll argue that the defendant breached their duty by making or distributing a dangerous product.

2. Linking Cause to Injury

Because burn injuries escalate fast, courts pay attention to expert testimony like fire investigators, safety engineers, medical experts. You’ll need to show not only that the defendant’s act started the chain but that their failure directly contributed to the severity of harm.

The “eggshell plaintiff” doctrine may come into play. That means defendants take victims as they find them. Even if you had a preexisting vulnerability that made the burn worse, the defendant can still be liable for full damages.

3. Quantifying Damages

Burn victims often face long hospital stays, reconstructive surgeries, skin grafts, therapy, psychological care, lost wages, future impairment, and permanent disfigurement. You’ll need medical experts, economists, life care planners.

Beyond the numbers, jurors will want to hear your story: how the injury changed your life, limited your mobility, caused pain, disfigurement, or emotional trauma.

Comparative Negligence in Nevada (The Risk You Face)

One big risk for burn victims is that the defendant will argue you share fault. Nevada follows a modified comparative negligence system under NRS 41.141: you can recover damages as long as your fault is not greater than the defendant’s combined fault. Here’s how it works:

• If you are found 51% or more at fault, you get nothing.
• If you are, say, 20% at fault, your recovery is reduced by 20%.

That’s why it matters how your conduct (if any) is portrayed: Did you ignore warnings? Did you act recklessly? The defense will try to pin blame on you.

Statute of Limitations (Time Is Against You)

In Nevada, the typical deadline to bring a personal injury claim is two years from the date of injury.

If you miss that window, you likely lose your right to compensation altogether. In some cases (e.g. lawsuits against government entities) shorter deadlines or pre-claim notice rules may apply. If you contact a Las Vegas burn injury lawyer immediately after the incident, you substantially increase your chance of recovering maximum compensation.

How We Can Help

Proving negligence in a burn injury case is not simple. You must build a chain of proof while countering defense claims that you share fault. Time works against you. Mistakes in investigation, evidence, or legal theory can destroy your case.

If you or someone you love has suffered a burn because of someone else’s carelessness in Nevada, don’t wait. Contact Mainor Ellis Injury Lawyers today for a free, confidential consultation. Call us today at 702-450-5000.

Source:

leg.state.nv.us/NRs/NRS-041.html