What Is a Burn Injury Case?

Burned in a vehicle fire after a car accident in Georgia or South Carolina? Our attorneys pursue claims against at-fault drivers, vehicle manufacturers, and mechanics for fire-related burn injuries.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a burn injury in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Vehicle Fire Burn Injury Claims in Georgia & South Carolina

Vehicle fires following car accidents cause some of the most catastrophic burn injuries imaginable. Occupants trapped in burning vehicles — whether due to impact damage preventing escape, jammed doors, or defective seatbelt releases — can suffer full-thickness burns across large portions of their bodies, inhalation injuries from toxic smoke, and permanent disfigurement. The National Fire Protection Association (NFPA) reports that vehicle fires cause hundreds of civilian deaths and thousands of injuries each year in the United States.

At Roden Law, our vehicle fire burn attorneys represent victims across Georgia and South Carolina in claims against negligent drivers who caused the initial collision, vehicle manufacturers whose design or manufacturing defects contributed to the fire, and auto repair shops whose negligent maintenance created fire hazards.

Common Causes of Vehicle Fires

Vehicle fires can result from collision-related causes and vehicle defects:

  • Post-collision fuel system rupture: Ruptured fuel tanks, severed fuel lines, and damaged fuel injectors releasing gasoline near ignition sources
  • Defective fuel system design: Inadequately protected fuel tanks prone to rupture in rear-end or side-impact collisions
  • Electrical system failures: Short circuits, faulty wiring, and electrical defects igniting flammable materials
  • Battery fires: Electric vehicle and hybrid battery thermal runaway events
  • Negligent repairs: Improper fuel system work, faulty electrical repairs, and oil leaks left unaddressed by mechanics
  • Turbocharger and exhaust heat: Components reaching extreme temperatures near flammable materials
  • Recalled vehicles: Manufacturers failing to adequately notify owners of fire-related recalls

Vehicle Manufacturer Liability

Vehicle manufacturers can be held strictly liable under product liability law when design or manufacturing defects cause or worsen vehicle fires. Common product liability claims in vehicle fire cases include fuel tank placement in crash-vulnerable locations, inadequate fuel system crash protection, defective fuel line connections and clamps, electrical system defects causing short circuits, insufficient fire barriers between engine compartment and cabin, and defective seatbelt or door latch mechanisms that trap occupants in burning vehicles.

The NHTSA recall database documents hundreds of vehicle recalls related to fire risks. If your vehicle was subject to a recall that you were not adequately notified about, the manufacturer may face enhanced liability.

Multiple Parties & Insurance Coverage

Vehicle fire burn cases often involve multiple liable parties: the at-fault driver whose negligence caused the initial collision, the vehicle manufacturer responsible for fire-related defects, auto repair shops that performed negligent maintenance, and parts manufacturers whose aftermarket components contributed to the fire. Georgia’s comparative fault rule (O.C.G.A. § 51-12-33) allows you to recover damages if less than 50% at fault. South Carolina permits recovery if less than 51% at fault.

Compensation for Vehicle Fire Burns

Vehicle fire burn victims may be entitled to compensation for burn unit hospitalization, skin grafts, and reconstructive surgery, inhalation injury treatment, permanent scarring and disfigurement, pain and suffering, lost wages and diminished earning capacity, emotional trauma and PTSD, future medical care and rehabilitation, and wrongful death damages if a loved one perished. Our attorneys work with fire investigators, automotive engineers, and burn care specialists to build compelling cases. Punitive damages may be available when manufacturers knowingly sold vehicles with fire-prone defects. Contact Roden Law for a free consultation.

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What to Do After a Burn Injury

  1. Get to a burn center if one is reachable. Burn depth is routinely underestimated in a general emergency room, and early specialist treatment changes both outcome and scarring.
  2. Preserve whatever caused it. The heater, appliance, battery, chemical container, lighter, or vehicle part. Do not discard it, return it, or allow it to be replaced under warranty.
  3. Photograph the injury through every stage of healing. Burns look dramatically different at one week, three months, and a year. A consistent photographic record is one of the most valuable things you can build.
  4. Identify the cause precisely. Defective product, gas or propane leak, chemical exposure, electrical fault, building code violation, or a workplace process. Who is responsible follows entirely from this.
  5. Document what the injury costs beyond the hospital bill. Compression garments, scar treatment, reconstructive procedures, time away from work, and psychological care. Burn injuries carry a large non-medical burden that goes unclaimed when it is not recorded.
  6. Do not settle before the scarring has stabilized. Final appearance and the need for revision surgery are often not clear for a year or more. An early settlement closes the door on all of it. Roden Law offers free consultations.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Burn Injury Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Vehicle Fire Burn Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.