I Suffered A Burn Injury, Do I Have A Case?

Published on: August 23, 2011

Potential Legal Liability of Third Parties in Recent Burn Cases

A case is making its way through the Iowa civil courts this month that involves the potential legal liability of a day-care center where a toddler suffered severe burns.

The parents and grandmother of the severely burned toddler have sued the owners of an Ankeny, IA child-care center, accusing the couple of “willful and wanton disregard for the rights or safety” of a boy whose diaper was changed within reach of a crock pot filled with very hot water.

Polk County court papers filed earlier this week accuse Bryan and Sue Jansen, owners of a company doing business as Ankeny Christian Child Care, of negligence for leaving the container within reach of where Seth Brown was having his diaper changed on Aug. 20, 2009.

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Published on: August 16, 2011

Avoid Legal Problems When Setting Up a Fund to Pay for Medical Bills

By Larry Kramer

In St. Paul, MN last month, a 19-year-old man named Antoine Willis was physically and psychologically injured when his mother’s boyfriend deliberately set him on fire after an argument.

Much of his body still hurts from the severe burns he suffered, and Antoine still has nightmares about the attack. “Sometimes I’m even scared to go to sleep because I feel like he is going to try and come back and finish what he started. It hurts, emotionally and physically,” Antoine said. He has these nightmares even though the mother’s boyfriend is still in jail.

But while the severe burns slowly heal, Antoine recently suffered a new wound. Money from a bank account that was set up to help him pay for medical bills has gone missing. Antoine believes that his uncle and his mother are responsible for the money being gone. More than $4,000 was donated by strangers who wanted to help Antoine, but now at least $2,000 is missing.

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Published on: August 12, 2011

A Moment of Inattention Brings a Lifetime of Dealing With a Severe Burn Injury

By Larry Kramer

Here are just two more examples of families suffering the mental anguish of an injured child because of a single moment of carelessness:

First, a toddler in a home outside Atlanta had to be flown to a burn unit at a hospital in the city after being scalded by a bowl of Ramen noodles she pulled off a table. The Times of Gainesville reported a helicopter took the 14-month-old girl to Grady Memorial Hospital. A county sheriff said the little girl suffered severe burns to her upper chest and abdomen, but that she’s expected to survive.

The sheriff added the girl was being cared for by a babysitter at the home when the incident happened around lunchtime. The family might now investigate whether the babysitter has legal liability for the toddler’s injuries.

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Published on: June 7, 2011

Severe Burns and the Need for Safety Awareness At Workplaces

By Larry Kramer

In late May in Gallatin, TN, three workers were critically burned in a fire at a chemical plant where a flash fire in January had already killed two workers–one of whom succumbed to his third-degree burns just one week before this latest fire.

This most recent accident injured five workers, and was the third incident this year at the Hoeganaes Corp. plant. The facility employs about 175 people making metal powders for automotive and industrial uses. The two previous accidents occurred after flammable dust accumulated in the air and combusted, according to the U.S. Chemical Safety Board, which investigated the flash fires and released the findings two weeks ago.

In a news release, Investigator-in-Charge Johnnie Banks criticized the company for knowing of the danger the dust posed and not adequately addressing it. When his team inspected the plant, it found 2- to 3-inch layers of dust on surfaces throughout the facility and dust was visible in the air, according to the release. Banks is leading the investigation of the latest accident to determine its cause.

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Published on: April 14, 2011

A Terrible Story That Offers Lessons in Fire Safety

By Larry Kramer

In addition to the tragic shopping-mall and nightclub fires I detailed in my last blog entry on April 11, this next story should be a lesson to anyone about thinking of fire safety wherever you are. When at home, you simply must check all possible means of escape on a regular basis to make sure they are free of obstructions and can be opened, in case a fire ever happens.

This story appeared in the Des Moines Register newspaper on April 2:

Sieh and Annie Toffoi were getting ready for bed when the floor in their second-story apartment began burning their feet. No smoke alarms went off in the apartment to alert the couple a fire was raging below, according to a wrongful death lawsuit filed in early April in Polk County, Iowa, District Court.

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Published on: January 11, 2011

I Suffered A Burn Injury, Do I Have A Case?

By Larry Kramer

When someone suffers a burn injury, their immediate concern is their health, well being and what the future holds. The burn victim and their family should also consider whether or not the burns were the result of negligence. This question is best analyzed, considered and answered by a lawyer who has a considerable amount of experience in handling burn injury accident cases. One firm has a reputation of being very knowledgeable, diligent and savvy in this particular area of the law, that firm is Kramer & Pollack, LLP.. They have handled various burn cases resulting from fires, scalding water, stove tip overs, explosions, electrocutions , etc (here are some of the cases they have been involved with). They have been there for many families in the hours and days following catastrophic burns suffered by children and adults alike. They have held the hands of parents as their children lie trembling in pain in the burn unit. Their advice and guidance has been priceless and cherished by so many people.

We will ask Mr. Kramer to comment on different burn cases regarding liability or negligence. Liability or negligence means fault. In other words, Mr. Kramer will analyze different burn cases with respect to the role or responsibility other people or entities may have had which led to or could have avoided the burn injury. Most of the analysis will deal with 3rd degree burns (see also third degree burns part II).

You may think at first that the facts leading up to a burn injury are not sufficient to form the basis of a lawsuit. For example if you learned that someone was burned in a fire started as the result of a drug dispute you might think… how could the landlord be responsible. Or in another situation you may learn that a fire was started by a child who was playing with matches. If you thought in both situations that there was no case you would be wrong. These and many other cases will be analyzed in upcoming posts.