If you suffered a burn injury from a hot surface in a fast-food restaurant in California, you may have a valid personal injury claim under premises liability and possibly negligent operation laws. Fast-food restaurants owe a duty of care to ensure their premises are safe for both customers and employees, and a failure to warn or protect against dangerously hot surfaces may constitute negligence.
🔍 Legal Basis: Premises Liability and Negligence
In California, a business owner is legally obligated to:
- Maintain reasonably safe conditions on the property.
- Warn customers and employees of known hazards.
- Fix hazardous conditions within a reasonable time.
To pursue a claim, you generally need to prove:
- Duty of care: The restaurant owed you a duty to keep the premises reasonably safe.
- Breach of duty: The hot surface was unreasonably dangerous or lacked adequate warning/protection.
- Causation: That condition directly caused your burn injury.
- Damages: You suffered actual harm (e.g., medical bills, pain, scarring).
🔥 Common Scenarios in Burn Cases
Some examples of how these injuries happen in fast-food settings:
- A customer leans against or touches an unmarked hot surface (e.g., heat lamp, counter, or equipment placed in a public area).
- An employee is burned due to unsafe equipment or improper training.
- A hot surface (griddle, fryer, or heat tray) is left accessible to the public without warning signage or barriers.
- A faulty appliance causes burns during use (e.g., beverage machine, heated display case).
👤 Who Might Be Liable?
- The restaurant owner (corporate or franchise)
- Employees (if their negligent actions contributed)
- Property owner/landlord (if equipment or building defects contributed)
- Product manufacturer or service company (if equipment was defective or poorly maintained)
📸 Evidence That Can Strengthen Your Case
- Photos of the hot surface, location, and any lack of warning signs
- Photos of the injury (burn severity, healing progress)
- Witness statements (other customers or employees)
- Medical records documenting the injury
- Incident report filed with the restaurant
- Surveillance footage (many restaurants have cameras)
⚠️ Was the Hazard Foreseeable?
The restaurant may be liable if:
- The hot surface was in a high-traffic area (e.g., near a pickup counter) and unguarded.
- There were no warning signs or barriers.
- The equipment had previously caused burns or complaints.
If the hazard was not obvious, or precautions were not taken, the restaurant’s liability is stronger.
🏥 Types of Damages You Can Recover
If successful, you may be entitled to compensation for:
- Medical expenses (treatment, surgery, medication, burn therapy)
- Lost wages (if the injury caused time off work)
- Pain and suffering
- Scarring or disfigurement
- Emotional distress
- Future medical care or cosmetic treatment
⏱️ Statute of Limitations
You have 2 years from the date of injury to file a personal injury claim in California. If the case involves a minor, the time may be extended until the child turns 18.
✅ What to Do After the Incident
- Seek Medical Treatment — Burn injuries can worsen or get infected.
- Report the Injury — Tell the restaurant manager and request an incident report.
- Document the Scene and Injury — Photos and notes from the day of the incident help build a case.
- Avoid Giving Statements to Insurance Adjusters — Without legal advice, you could hurt your claim.
- Consult a Personal Injury Attorney — Especially for serious burns or visible scarring.
⚖️ Employee vs. Customer Injuries
- Employee: Likely a workers’ compensation case, which provides benefits but typically prevents them from separately suing the employer.
- Customer or Visitor: A standard personal injury claim may be filed for negligence.
📌 Summary
If you suffered a burn injury from a hot surface at a fast-food restaurant in California, you may have a personal injury claim if the restaurant failed to maintain safe conditions or warn of hazards. Key steps include collecting evidence, reporting the injury, and consulting a lawyer to explore your legal options.
Law Offices of James R. Dickinson – 909-848-8448
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