California Fire Pit Accident Attorney

A roaring fire at your c Los Angeles Injury Attorney

ampsite or favorite beach location certainly adds to the enjoyment of an outdoor experience. However, fire pits also pose a serious danger if they are not properly maintained. For example pits filled with hot coals and covered with sand create a trip and fall hazard, especially to small children, that could result in serious burn injuries. Second and third degree burns injuries from beach and campfire pits have hit a four year high, according to recent figures from the UCI Burn Center. Most of these types of injuries occur on property owned and maintained by a governmental entity, such as a city, county, or the state. Different rules of liability can apply to these types of landowners, so it is essential to contact an experienced personal injury attorney as soon as possible if you or a loved has suffered burns from a fire pit on public land

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Who Is Liable for Fire Pit Burn Injuries?

If you or a loved one is injured on someone else’s property due to an unsafe condition, such as a fire pit that is not maintained, then the landowner might be liable for your injuries under a legal theory called “premises liability.” California law provides that the person, corporation, or government entity that owns or controls a property has a duty to maintain it in a safe condition for anyone who enters the property. That person or entity has an obligation to know about any dangerous or potentially dangerous conditions and to fix them. If the property owner fails to do that, then the property owner is negligent.

In the case of fire pits for public use, some examples of negligent action might be:

failure to maintain fire pits: pits that are not regularly cleaned-out can become covered in sand or soil so as to create a hidden danger and trip hazard
failure to post warning signs and instructions for safe and proper use of fire pits
failure to properly landscape around fire pits so that they are easily seen by those using the property
failure to remove any potential trip hazards around the pits that could cause someone to trip and fall in

Fire Pit Lawsuits Against Governmental Entities

Most burn injuries caused by fire pits occur in public areas such as parks and beaches that are usually owned or controlled by a city, county, or state government. Under the U.S. Constitution, government entities are immune from liability. However, most governments have passed laws that waive their immunity and allow for the filing of injury claims against them, such as the California Tort Claims Act. These laws have very strict requirements that must be followed. For example you must file a claim within six months of the accident date in order to have any chance of recovery. If these and other rules are not followed you can automatically lose your right to receive compensation from the government.

What Types of Compensation Can An Injured Party Receive?

Burn injuries are extremely painful and can require multiple skin grafts and surgeries. In addition to physical damage, such as permanent scarring, emotional trauma also commonly occurs. Burn injuries are complex and can possibly involve large medical expenses. In this type of personal injury case, you can sue for compensatory or actual damages, which are intended to cover all the expenses caused by the injury. Family members may also be entitled to recover if your injuries affected their relationship with you. Actual damage awards can include the following:

medical expenses
pain and suffering
lost wages
future medical expenses
mental anguish
loss of consortium (the spouse of the injured party or the parents of an injured child may recover for the interference with normal family relationships)