Burned on Someone Else's Property? You May Have a Right to Answers

Severe Burn Injury on Someone Else’s Property: When the Owner Can Be Held Responsible

You were badly burned somewhere you didn’t own — can the property owner be responsible?

Sometimes, yes. A property owner can be responsible for a severe burn. This happens when the owner failed to keep the place reasonably safe. It also happens when the owner failed to protect you from a danger they should have prevented.

A serious burn changes your life. You may face skin grafts. You may need staged reconstructive surgeries. You may live with permanent scarring and contractures (tight, stiff scar tissue that limits movement). Recovery can take months of painful care, often at a special burn center.

Did this happen at an apartment complex, a rental home, a hotel, a store, a bar, a gas station, or a parking garage? Then you are likely asking one question: who is responsible, and who pays for what comes next?

This page is for people with catastrophic, life-altering burns. That means deep third- and fourth-degree burns, inhalation injuries (breathing in smoke or hot gases), disfigurement, or the loss of a loved one. It does not cover minor burns that heal on their own.

This page also explains two Florida rules that quietly decide many of these cases. One is a two-year filing deadline. The other is a 51% fault bar. Knowing them helps you understand where you stand before you decide anything. We answer questions in English and Spanish. We take cases nationwide from our Florida base.

How serious burns happen on someone else’s property

Severe burns on another party’s property usually have one of two causes. The first is a dangerous condition the owner ignored. The second is an attack the property failed to prevent. Both can support a claim.

Here are common causes we see in catastrophic burn cases:

• Fires and explosions. Faulty wiring, gas leaks, blocked or chained exits, and dead smoke detectors can turn a small problem deadly. Florida law requires most apartment and commercial buildings to keep up fire protection under the Florida Fire Prevention Code (see Fla. Stat. §633.208). A missing or disabled alarm can be direct evidence that the owner broke this duty.
• Scalding and chemical burns. Broken water-heater thermostats, exposed hot pipes, and pool or cleaning chemicals left within reach cause deep burns in seconds.
• Electrical burns. Exposed, ungrounded, or poorly maintained wiring can cause serious electrical burns and arc-flash injuries.
• Burns from a violent attack. Arson, a hot-liquid or acid assault, or a fire started during a robbery can leave lasting injuries. A property with poor security may share the blame. More on that below.

Deep burns often bring more than skin damage. Breathing in smoke or superheated gases can cause an inhalation injury. This is often the most life-threatening part of the injury. You can read about the long recovery ahead on our page about life after a severe burn injury.

The legal terms: premises liability and negligent security, in plain language

Florida law says property owners must keep their property reasonably safe for people who are there lawfully. When they don’t, and someone gets hurt, that is called premises liability. This duty applies to landlords, hotels, stores, restaurants, and other businesses. If they know about a hazard — or should know about it — they must fix it or warn you.

There is a second situation many people don’t know is a claim. Say you were attacked and burned on someone else’s property. Maybe you were set on fire, splashed with a hot or caustic liquid, or caught in a fire started during a crime. Did the property lack basic safety measures like working locks, gates, lighting, cameras, or guards? Then the owner may share the blame. Lawyers call this negligent security (also called inadequate security).

Here is the key point. The criminal who attacked you is at fault. But that does not automatically let the property owner off the hook. If the owner made it easy for a foreseeable attack to happen, the owner may be responsible too. Our attorneys handle both dangerous-condition burn claims and negligent security cases.

The four things you generally have to prove

To hold a property owner responsible, you generally have to prove four things: duty, breach, causation, and damages.

• Duty. The owner owed you reasonable care because you were on the property lawfully.
• Breach. The owner failed that duty. For example, they ignored a known hazard, skipped maintenance, or gave no reasonable security.
• Causation. That failure actually caused your burn.
• Damages. You suffered real, serious harm — medical bills, lost income, permanent scarring, and pain.

In negligent-security cases, one word matters most: foreseeability (whether the attack could have been predicted). Under Florida’s premises-liability law for criminal acts, Fla. Stat. §768.0706, an apartment property that meets certain security standards can gain a presumption against liability. This means the law starts by leaning in the owner’s favor. That is exactly why the details of lighting, locks, and cameras matter. Prior fires, open code violations, or a history of violent crime at the location can show the owner should have seen the risk coming.

Evidence proves these cases. Maintenance logs, inspection reports, fire-marshal findings, 911 call histories, and police reports can all show what the owner knew and when. That is why acting early matters. Surveillance footage is often erased within days to weeks.

Who can be held responsible

More than one party may be responsible. Sorting this out usually takes investigation.

• Property owners and landlords who failed to keep a building safe.
• Property management companies and maintenance contractors hired to keep the place safe.
• Businesses that lease and run a space, like a hotel operator or a store chain.
• Manufacturers, if a defective water heater, wiring part, or fire-suppression system played a role.
• The attacker, in negligent-security cases. But the property owner may be responsible alongside the attacker, not instead of them.

Finding every responsible party matters. It affects who pays. It also affects whether there is enough insurance to cover the full cost of a catastrophic burn, which can run into millions over a lifetime of care.

Common defenses property owners raise

Property owners and their insurers often raise the same defenses. Knowing them helps you understand what to expect.

• “We didn’t know about the hazard.” Maintenance logs, complaint records, and inspection reports can prove otherwise.
• “You were trespassing.” They may argue you weren’t on the property lawfully. That changes the duty they owed.
• “It was partly your fault.” Florida uses modified comparative negligence. Under Fla. Stat. §768.81, your award drops by your share of fault. And under the version in effect since the March 2023 tort reform, if you’re found more than 50% at fault, you generally recover nothing. This is a hard bar. So how fault is split can decide the case.
• “The attack was unforeseeable.” In negligent-security cases, owners argue no one could have predicted the crime. Prior incidents and code violations push back on that.

Evidence can answer these defenses. No lawyer can promise how any case will turn out. But well-preserved records make a real difference.

What compensation can a severe burn claim cover?

A severe burn claim can seek money for medical care, lost income, and the lasting physical and emotional harm of the injury. Value depends on the specific facts. No honest lawyer will quote you a number up front.

Compensation may cover:

• Medical care, including emergency and burn-center treatment, reconstructive surgery, skin grafts, and long-term rehab.
• Lost wages and reduced future earning power if the burn keeps you from working.
• Pain, disfigurement, scarring, and emotional harm, which run especially deep with catastrophic burns.

When a burn is fatal, the family left behind may bring a wrongful-death claim under Florida’s Wrongful Death Act, Fla. Stat. §768.21. It can help cover final medical bills, funeral costs, and the loss of a loved one’s support and companionship. We handle these cases with care and respect for what your family is going through. Learn more on our pages about damages in a severe burn claim and catastrophic injury claims.

What to do after a serious burn on another party’s property

Get medical care first. Then protect your health and your claim. Keep this short checklist somewhere you can find it:

1. Get treatment first. Follow your doctors’ advice and keep every follow-up appointment. Your health comes first. Consistent records also document your injuries.
2. Photograph everything early. Photograph your injuries as they heal, the scene, the source of the burn, and any missing alarm, broken lock, or dark stairwell.
3. Save the reports. Ask for the fire department, EMS, police, or incident report. Note any code violations, prior fires, or past complaints you know about.
4. Send a preservation letter (or have a lawyer do it fast). Surveillance footage is routinely erased. A written demand to save video and maintenance records can stop that.
5. Be careful with insurers. You do not have to give a recorded statement before you get legal advice. Adjuster questions are often designed to shift fault to you under the 51% bar.
6. Watch the clock. In Florida, most negligence claims must be filed within two years under Fla. Stat. §95.11 (shortened from four years by the 2023 reform). Deadlines vary by state. Confirm yours with an attorney.

You don’t have to figure this out alone. Help is available in English and Spanish.

Talk to a burn injury lawyer

Did you or a loved one suffer a catastrophic burn on someone else’s property? You can talk with a lawyer at no cost. There’s no pressure. Just clear answers about your options.

CHG Personal Injury Lawyers represents burn victims and their families in serious, life-altering cases. Our attorneys are licensed and admitted to The Florida Bar. We take cases nationwide from our Florida base, in English and Spanish. You can also review The Florida Bar’s consumer resources on working with an attorney.

To start, request a free case evaluation. For more background, visit our main guide on severe burn injuries.

Frequently asked questions