Summer in New York brings warmer weather, outdoor activities, and increased risk of certain types of personal injuries—including serious burn injuries. Whether at a backyard barbecue, a construction site, or a local pool, understanding the common causes of summertime burn injuries and your legal rights under New York law is essential.
Grills, Fire Pits, and Outdoor Cooking Hazards
One of the most frequent sources of burn injuries in the summer is outdoor cooking equipment. Charcoal grills, propane tanks, fire pits, and portable stoves all carry a risk of flare-ups, gas leaks, and explosions. Improper use, faulty equipment, or lack of supervision can quickly turn a summer gathering into a medical emergency.
In New York, manufacturers and distributors may be held liable under product liability law if a defective grill or propane tank causes injury. Likewise, if the injury occurred on another person’s property, premises liability law may apply—especially if the property owner failed to take reasonable steps to prevent a foreseeable danger.
Fireworks and Explosives
While fireworks are a staple of Fourth of July celebrations, they are a leading cause of severe burns. Despite strict state regulations, illegal or improperly handled fireworks still cause hundreds of injuries each year in New York. Even sparklers, often thought to be safe, can burn at temperatures exceeding 1,200 degrees Fahrenheit.
New York law generally prohibits the use of fireworks without a permit. If someone is injured by fireworks at a private event, the individual responsible for supplying or setting off the fireworks may be held liable. If a public fireworks display results in injury due to negligence or lack of safety precautions, the municipality or event organizer may be responsible.
Sunburn and Heat-Related Burns
Extended sun exposure can cause second-degree burns, particularly for individuals with sensitive skin or underlying medical conditions. Sunburn can also become more severe when combined with certain medications, topical products, or alcohol consumption. In rare cases, if a sunscreen product fails to perform as advertised, and a user suffers serious burns, a claim may be possible under New York’s consumer protection and product liability laws.
Chemical Burns at Pools and Waterparks
Pools, waterparks, and hot tubs are common summer destinations—but they also pose chemical hazards. Improperly balanced pool chemicals such as chlorine can cause serious skin or eye burns. Poor maintenance, lack of warning signage, or improper handling of pool chemicals can lead to legal liability for property owners or management companies.
In New York, owners of commercial pools and waterparks have a legal duty to ensure their facilities are safe for guests. If they fail to maintain chemical balance or post adequate warnings, they may be liable under premises liability or general negligence laws.
Workplace Burn Injuries
Outdoor workers—especially in construction, roadwork, and landscaping—face an increased risk of thermal, electrical, and chemical burns during the summer months. Contact with hot surfaces, exposure to high-voltage equipment, and flammable substances all present significant hazards.
In most cases, New York workers who suffer burn injuries on the job are covered under the state’s workers’ compensation laws. However, if a third party (such as a subcontractor or equipment manufacturer) is responsible, a separate personal injury claim may be filed in addition to the workers’ compensation claim.
Legal Rights and Time Limits to File a Claim in New York
Under New York Civil Practice Law & Rules (CPLR) § 214, individuals generally have three years from the date of injury to file a personal injury lawsuit, including claims involving burn injuries. However, exceptions apply:
- Claims against a municipality or public agency (such as injuries at a city-run pool or park) require the filing of a Notice of Claim within 90 days of the incident under General Municipal Law § 50-e. A lawsuit must then be filed within one year and 90 days of the injury.
- Product liability claims involving defective grills, fire pits, or fireworks must also be brought within three years from the date of injury.
- If the injury victim is a minor, the statute of limitations may be tolled (delayed) until the child turns 18, depending on the specific circumstances.
Victims of burn injuries may be entitled to compensation for medical expenses, lost income, rehabilitation, pain and suffering, disfigurement, and long-term care. Proving negligence or liability requires a thorough investigation, medical documentation, and prompt legal action.
About the Firm
As a full-service personal injury firm, Sullivan Papain Block McManus Coffinas & Cannavo P.C.. specializes in all areas of personal injury. Our dedicated litigation support teams diligently and vigorously represent clients, including matters related to 9/11-related illness, personal injury, car accidents, construction accidents, medical malpractice, premises liability, product liability, and firefighter law. across New York City, Long Island, Nassau, and Suffolk counties, as well as New Jersey. To learn more about our firm or schedule a consultation with an attorney, contact us today.