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Erie, Colorado. CGH Injury Lawyers represents burn injury victims in Erie and Boulder and Weld Counties.
Erie, Boulder and Weld Counties, Colorado

Erie Burn Injury Lawyers for Burns Caused by a Failed Product or Appliance

You lit the grill or switched on the heater the way you had a hundred times, and this time it flared, leaked, or caught fire. When a product fails like that, the company that designed or built it may be responsible, and in limited situations so may the seller. We help people burned in Erie pursue those claims from our Denver office.

No fee unless we win

It's More Than Money.

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Serving Erie from our Denver Office CGH Injury Lawyers 2701 Lawrence St., Suite 201 Denver, CO 80205 (303) 209-9395 Se habla español
5-star rated on Google ABOTA trial advocate on the team Life Care Plans for burn cases No fee unless we win

A propane grill that bursts into flame at a backyard dinner, or a space heater that ignites a bedroom curtain overnight, can leave you with burns to your hands, arms, or face and a lot of unanswered questions. You may not know whether the fault lies with the manufacturer, the store, a repair company, or the owner of the house. If you were hurt in Erie, an Erie burn injury lawyer can help you figure that out.

For a conversation about what happened, call CGH Injury Lawyers at (303) 209-9395. You're also welcome to describe the incident on our contact page.

What This Page Covers

  • Defective products, crashes, property hazards, and workplace burns in Erie
  • The damages cap, filing deadlines, comparative fault, and premises rules in Colorado
  • Erie's two counties, their courts, a listed trauma facility, and the fire district
  • Our method on a burn case
  • First steps after a product burns you
  • Categories of compensation
  • Insurer positions and the parties who may pay
  • Frequently asked questions from Erie residents

Key Takeaways

  • Keep the grill, heater, tank, or appliance that burned you. A Colorado product liability action can be based on negligence, strict liability, or another theory (C.R.S. 13-21-401(2)), and keeping the product lets it be examined.
  • Colorado generally limits product liability claims against a store that didn't make the product, with exceptions (C.R.S. 13-21-401(1), 13-21-402).
  • Strict liability product claims generally must be filed within two years (C.R.S. 13-80-102(1)(b)). Have a lawyer confirm your deadline.
  • Erie lies in both Boulder and Weld counties, which sit in different judicial districts.
  • Excluding medical malpractice and wrongful death, which follow different rules, Colorado's $1.5 million cap on noneconomic damages applies to claims arising on or after January 1, 2025. Medical expenses and wage loss are outside it, as are compensatory damages for physical impairment or disfigurement (C.R.S. 13-21-102.5).
Who we represent

Burn Claims We Take On in Erie

Burns from failed products, crashes, property hazards, and job sites each follow their own rules.

When a product or appliance fails

Gas grills, propane heaters, pressure cookers, e-bike batteries, and wall heaters can hurt people when a valve sticks, a hose cracks, a thermostat fails, or a battery overheats. Colorado defines a product liability action broadly, covering claims against a manufacturer or seller whatever legal theory they rest on, with negligence and strict liability among the options (C.R.S. 13-21-401(2)). Under the second of those theories, attention goes to the product: the claim examines whether a defect existed and whether that defect caused the burn.

When a vehicle catches fire

A car can burn after a collision, and a defect in a fuel system or battery can play a role too. If a negligent driver caused the collision, your claim against that driver can include the burn. Suing a parts manufacturer on strict liability for a defective fuel system or battery generally keeps the two-year clock (C.R.S. 13-80-101(1)(n)(II)).

When a property hazard causes a fire

A furnace that a property owner left unrepaired, a propane line installed wrong at a rental, or exposed wiring at a store can cause a fire. Under the Premises Liability Act (C.R.S. 13-21-115), the "landowner" whose duties are measured includes a person legally responsible for the condition of the property, and a landlord can be one. For a renter, the court decides status. An invitee may rely on dangers the landlord knew about or should have known about, but a licensee generally has to establish that the landlord actually knew.

When the burn happens on the job

A separate rule covers your employer: workers' compensation is generally the only claim against your own employer, under C.R.S. 8-41-102. If the heater, torch, or equipment that failed was made by another company or a property owner who isn't your employer and let a hazard start the fire, the worker can accept workers' compensation and still pursue the third party for damages in excess of that compensation (C.R.S. 8-41-203(1)(a)).

The law that governs your case

Colorado Rules for Erie Burn Claims

The damages cap, filing deadlines, comparative fault, and the duties of property owners all apply to an Erie burn claim.

How the damages cap works

Noneconomic damages cover pain, inconvenience, emotional stress, and a lower quality of life. Colorado limits them to $1.5 million for claims arising on or after January 1, 2025. Starting January 1, 2028, the limit is to be adjusted for inflation. Medical malpractice and wrongful death claims follow different rules.

Economic damages are a different category, and the noneconomic cap doesn't reach hospital charges or a lost paycheck (C.R.S. 13-21-102.5(3)). Colorado also keeps compensatory damages for physical impairment or disfigurement out of the section's limits (C.R.S. 13-21-102.5(5)). Scarring may be compensated as disfigurement.

Deadlines to file

  • Tort claims: generally two years. The two-year statute covers negligence claims (C.R.S. 13-80-102(1)(a)) and "all actions for strict liability, absolute liability, or failure to instruct or warn" (C.R.S. 13-80-102(1)(b)).
  • Claims involving government: written notice must be filed within 182 days after you discover the injury whenever the town, the county, or another public entity or one of its employees on the job may share the blame. The notice is required even if you don't yet know every element of the claim, and a missed notice forever bars the claim (C.R.S. 24-10-109(1)).
  • Motor vehicle claims: for a car or truck fire, tort claims arising out of the use or operation of a motor vehicle generally have three years (C.R.S. 13-80-101(1)(n)). Suing over a defective vehicle part on strict liability is different; that claim generally stays at two years (C.R.S. 13-80-101(1)(n)(II)).

For the two-year and three-year periods, a claim generally accrues when a reasonably diligent person would have learned of the injury and its source (C.R.S. 13-80-108(1)). Other timing rules can apply when the burned person is a child. Because the answer turns on the facts, ask a lawyer to confirm your date.

Comparative fault

In a negligence claim, the other side may argue you share the blame. Under Colorado's comparative negligence statute, you can recover as long as your share of negligence is smaller than that of the party you're claiming against, with damages reduced by your percentage. If yours is equal or greater, the court enters judgment for the defendant (C.R.S. 13-21-111).

For example, a jury might find that a landlord was 85 percent at fault for a propane line installed wrong at a rental and that you were 15 percent at fault for lighting a grill too close to it. Your damages would then go down by 15 percent.

Duties owed on someone else's property

The Premises Liability Act sets different standards for trespassers, licensees, and invitees. Invitees, people who come onto property for business that benefits both sides or because the owner invited the public in, are owed the highest standard of care. They can recover for a landowner's unreasonable failure to protect against dangers the owner actually knew or should have known about.

Licensees generally need proof that the owner actually knew about the danger, and a social guest counts as a licensee (C.R.S. 13-21-115(4)(b)). Invitees are held to the actual knowledge standard too (C.R.S. 13-21-115(4)(c)(II)) when the property is land classified for property tax purposes as agricultural or vacant. Status is decided by the court on the facts (C.R.S. 13-21-115(6)).

Local knowledge

Erie's Counties, Courts, Hospital and Fire District

Two counties

According to the Town of Erie, the town lies within two counties, Boulder and Weld.

Weld County court

Weld County is in the 19th Judicial District. Three Greeley locations appear on the Judicial Branch's Weld County page: the Weld County Courthouse, Plaza West and the Weld County Centennial Center at 915 10th Street, Greeley, CO 80631. According to the courthouse listing, all court business is handled in the Centennial Center.

Where a lawsuit is filed depends on the facts.

Trauma care

No facility in Erie appears on Colorado's designated trauma facility list. The list includes Good Samaritan Hospital at 200 Exempla Circle in Lafayette as a Level II trauma facility. Keep the records from the first place that treated you, whether that was Good Samaritan or another hospital.

Fire district

Mountain View Fire Rescue says it serves approximately 250 square miles, including Boulder, Dacono, Erie, Mead, Niwot, Superior and unincorporated areas of Boulder and Weld counties. If its crews responded to your fire, their reports may help show where the fire began.

Our office

CGH Injury Lawyers has no Erie office. Our office is in Denver, at 2701 Lawrence St., Suite 201.

Why CGH

Our Method on an Erie Burn Case

A burn claim's worth depends on the injury, the product or property involved, and what the burn has cost you, so we don't publish burn settlement figures.

Understanding the burn and its treatment

MedlinePlus lists faulty space heaters, furnaces and industrial equipment among the causes of burns, and it states, "Full-thickness burns (formerly known as third-degree burns) affect the deep layers of skin." Knowing the burn's depth, size, and location helps us understand the care you'll need.

Answering the claim that you misused the product

Manufacturers and their insurers may argue that the way you used a product caused the fire. Our response relies on fire origin analysis, maintenance records, and what experts can testify to.

Writing down the cost of future care

Medical economists, burn surgeons, and vocational experts work with us to build a Life Care Plan, which estimates surgery, therapy, scar care, and changes to your ability to work in the years ahead.

Preparation for trial

Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates (ABOTA). CGH Injury Lawyers, formerly Cheney Galluzzi & Howard, was founded in Denver in 2016. Even when a product case may settle, the firm prepares each case as if it will be tried.

Telling you the truth about your claim

If we don't think the facts or the law support a claim, we'll tell you so.

After a burn injury

After a Product Burns You in Erie: First Steps

  1. See a doctor right away

    Call 911 in an emergency. MedlinePlus notes, "The most serious burns can be painless," and "Major burns need urgent medical care."

  2. Don't throw anything away

    Save the grill, heater, propane tank, hose, regulator, battery or charger, along with its box, manual, and receipt. Store it somewhere it won't be altered.

  3. Stop further use and repairs

    Don't try to fix or test the product, and ask anyone else who has it not to repair it either.

  4. Record the details

    Write down the model and serial numbers, where and when you bought it, and exactly what happened. Take photos of the product, the scene, and your injuries.

  5. Talk to a lawyer before a recorded statement

    Before you give a recorded statement to an insurance company, you can ask to talk with a lawyer first. That conversation can start at (303) 209-9395.

  6. Gather your costs

    Keep medical bills, prescription receipts, mileage to appointments and records of time missed from work.

Compensation

Compensation Categories for an Erie Burn

The noneconomic limit applies to only some damages. A given claim may include some or all of these, depending on the facts.

Economic damages

  • Emergency room and hospital charges
  • Grafting, reconstructive surgery, and later revisions
  • Home wound care supplies and pressure garments
  • Therapy to restore movement and strength
  • Psychological counseling
  • Lost earnings and lost earning capacity
  • Adaptive equipment and changes to your home

Noneconomic damages

  • Pain and physical discomfort
  • A spouse's claim for loss of consortium
  • Emotional distress, including anxiety about fire
  • Impairment of the quality of your life

Impairment and scarring

Subsection (5) of C.R.S. 13-21-102.5 puts compensatory damages for physical impairment or disfigurement outside that statute's limits.

Limits in claims against public entities

Claims against government bodies face separate maximum recovery amounts under C.R.S. 24-10-114, recalculated on a four-year schedule.

Defenses insurers raise

Positions Insurers Take in Product Burn Cases

A manufacturer's, seller's or property owner's insurer may argue any of these.

  1. "You caused the fire yourself"

    In a negligence claim, whatever percentage of fault is assigned to you comes off your damages, and nothing is recoverable once that percentage matches or exceeds the other side's. Fault arguments like this one get answered with evidence, including fire origin analysis, maintenance records, and expert testimony.

  2. "Take it up with the store"

    The manufacturer is a possible defendant. Colorado generally limits product liability claims against a seller that didn't make the product (C.R.S. 13-21-402). Exceptions include a seller that knew about the defect and a principal distributor or seller when a court can't get jurisdiction over the manufacturer (C.R.S. 13-21-401(1), 13-21-402).

  3. "We'll pay the hospital bill"

    An offer limited to past bills doesn't account for future surgery, therapy, and lost earning ability. A Life Care Plan puts those costs in writing.

Who pays

Who May Be Responsible for Paying

More than one party may share responsibility, depending on how the burn happened.

  • The manufacturer: a company that designed or built a defective grill, heater, tank or component, and its liability insurer.
  • A seller or distributor, in limited situations: exceptions to Colorado's general limit on product liability claims against a seller that didn't make the product include a seller that knew about the defect and a principal distributor or seller when a court can't get jurisdiction over the manufacturer (C.R.S. 13-21-401(1), 13-21-402).
  • A property owner or landlord: liability insurance on the property may respond when a property hazard caused the fire.
  • A driver: the at-fault driver's liability coverage is a starting point after a crash; UM and UIM coverage on your own policy may help if that driver was uninsured or underinsured.
  • Workers' compensation and outside parties: after a job-related burn, workers' compensation may pay benefits, and an outside party's insurer may also be responsible. If workers' compensation has paid benefits, its insurer may have a right to be repaid from what you recover from the outside party (C.R.S. 8-41-203).
Questions

Frequently Asked Questions

Does a car fire after a collision change my filing deadline?

It can. Against a driver, C.R.S. 13-80-101(1)(n) says tort claims arising out of the use or operation of a motor vehicle generally have three years. Against the maker of a faulty fuel system or battery, a strict liability claim is generally held to two years instead (C.R.S. 13-80-101(1)(n)(II), 13-80-102(1)(b)). Which one fits your facts is a question for a lawyer.

Which court would hear an Erie burn case?

Because Erie straddles two counties, two judicial districts are possible. On the Boulder County side (20th Judicial District), the Judicial Branch lists the Boulder County Combined Court on 6th Street in Boulder and a Longmont location. On the Weld County side (19th Judicial District), the Judicial Branch says court business is handled in Greeley's Centennial Center on 10th Street. Where a lawsuit is filed depends on the facts.

Does Colorado limit what I can recover for burn scarring?

Scarring may be compensated as disfigurement. Under C.R.S. 13-21-102.5(5), compensatory damages for physical impairment or disfigurement fall outside the statute's limits. The $1.5 million limit on pain, suffering, and other non-economic damages covers claims arising on or after January 1, 2025, with medical malpractice and wrongful death cases following different rules. Medical bills and lost wages are economic damages outside the noneconomic cap.

Does partial blame for the fire end my claim?

Not necessarily. In a negligence claim, C.R.S. 13-21-111 reduces the award by your percentage of fault, provided your negligence was not as great as the defendant's. If your percentage is equal to or greater than theirs, the defendant gets the judgment.

Does CGH Injury Lawyers have an office in Erie?

No. Our office is at 2701 Lawrence St., Suite 201, Denver, CO 80205. Call us at (303) 209-9395.

What if a government property condition or a town vehicle caused my burn?

Move quickly. If a public entity or one of its employees on the job may be responsible, written notice must be filed within 182 days after you discover the injury. It's due even while parts of the claim remain unknown, and without it the claim is forever barred (C.R.S. 24-10-109(1)). More than one limitation rule can apply to a claim against a public entity, so have a lawyer confirm the deadline. Separate maximum amounts, adjusted every four years by the Secretary of State, also apply to what can be recovered (C.R.S. 24-10-114).

Is the store that sold me a defective product responsible?

In limited situations, it can be. Colorado generally limits product liability claims against a seller that didn't make the product (C.R.S. 13-21-402). Exceptions include a seller that knew about the defect and a principal distributor or seller when a court can't get jurisdiction over the manufacturer (C.R.S. 13-21-401(1), 13-21-402). The manufacturer is a possible defendant.

I was burned at an Erie restaurant or store. Who may be responsible?

The business may be responsible under the Premises Liability Act if a condition on its property caused the burn. A person who enters to do business with the owner, or because the public was invited in, can meet the Act's definition of an invitee, and an invitee's claim can generally rest on a hazard the owner was aware of or reasonably should have been aware of (C.R.S. 13-21-115), though the court makes the status decision. If a defective fryer, heater, or other product caused the burn, its manufacturer may also be responsible.

It's More Than Money.

Speak With an Erie Burn Injury Attorney

If a product you trusted burned you, pick up the phone and dial (303) 209-9395, or use our contact page. We'll ask what happened, explain what Colorado law may allow, and tell you honestly what we think of the claim.

Tell us what happened

100% confidential. No fee unless we win.

Learn more on our Erie personal injury lawyers page.

For further reading, try our Colorado burn injury attorney guide, the Denver burn injury lawyer page, and information about hiring an Erie car accident lawyer or an Erie premises liability lawyer for crash and property claims.

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