Are there any defenses to a burn injury lawsuit?

Yes, there are a few possible defenses to a burn injury lawsuit in California. Generally, a defendant must show that their behavior was not negligent and did not directly cause the burn injury for which the plaintiff is suing. One of the most common defenses is “comparative negligence.” This means that the plaintiff could be partly to blame for the injury because of their own conduct. For instance, if a plaintiff was warned about a scalding hazard, but decided to go ahead and touch the scalding object, the court may find that the plaintiff is responsible for at least some part of the injury that was sustained. Another defense is “assumption of risk.” This implies that the plaintiff knew the risk of the activity or use of the product at the time of the accident and freely chose to engage or continue engaging in it. “Product misuse” is yet another defense that may be invoked in burn injury lawsuits. This means that the plaintiff used the product in a way that it was not meant to be used or as instructed by the manufacturer, therefore resulting in the injury. Lastly, “statute of limitations” could be used as a defense. This sets a limit on how long a plaintiff can wait to bring a claim against a defendant for a burn injury. In California, the statute of limitations for personal injury claims is two years from the date that the injury occurred.

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Are there any defenses to a burn injury lawsuit?

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