If you were burned by a turkey fryer, grease fire or boiling pot on Thanksgiving in Georgia, get medical care first, then keep the equipment and take photos before anything is cleaned up. Depending on what happened, a fryer manufacturer, a caterer, a business or a property owner may be responsible, but Georgia’s rules for injuries at a private home are different from the rules for businesses.
Thanksgiving is the leading day of the year for U.S. home cooking fires, according to the National Fire Protection Association (NFPA). Grease fires, scalds from boiling liquids and tipping turkey fryers can cause life-changing burns in seconds. Injuries often happen at crowded family homes or vacation rentals where unfamiliar kitchens, extension cords and outdoor fryers meet slick patios and kids underfoot.
Key Takeaways
- Treat the burn first. Early medical records also connect the injury to what happened.
- Keep the fryer, lid, pot, regulator, propane tank and cords. They may be needed to prove a defect.
- Georgia treats a social guest in a private home as a “licensee,” which means a homeowner is liable only for “willful or wanton injury.” Businesses owe customers a higher duty of ordinary care.
- Product claims against a manufacturer generally must be brought within 10 years of the product’s first sale, and most injury claims within two years of the injury.
Who May Be Liable After a Holiday Cooking Injury
Responsibility depends on where and how the injury happened:
- Manufacturers. A fryer that tips too easily, a lid that traps steam, a pot handle that breaks or a cord that overheats may support a product liability claim. Under O.C.G.A. § 51-1-11, a manufacturer can be strictly liable when a product was not reasonably suited to its intended use.
- Caterers and hired help. A professional who overfills oil, fries a partly frozen turkey or sets up too close to a building may be responsible for the harm that follows.
- Businesses and commercial property owners. Restaurants, event venues and other businesses must use ordinary care to keep their premises safe for customers and other invited visitors (O.C.G.A. § 51-3-1). Learn more about premises liability.
- Landlords and associations. Hazards in areas they control, such as broken railings, dark walkways or faulty outdoor outlets, can shift responsibility to the party responsible for maintenance.
A Note About Injuries at a Relative’s or Friend’s Home
Under O.C.G.A. § 51-3-2, a social guest in a private home is generally a “licensee,” and the homeowner is liable only for “willful or wanton injury.” That is a much harder standard than ordinary negligence, and it means many injuries at a family gathering do not lead to a claim against the host. The person who actually caused the injury, such as a guest who knocked over a fryer, may still be responsible for his or her own negligence, and a defective product claim does not depend on where the injury happened.
What to Do Right Away (Health First, Proof Second)
- Get medical care immediately. Deep burns can worsen fast, and early documentation links the injury to the incident.
- Cool the burn with cool, not icy, water, and avoid ointments or home remedies until a medical provider evaluates you.
- Photograph the scene before it changes. Capture the fryer’s position, oil level, propane setup, cords, lighting, ground surface and warning labels, using both wide shots and close-ups.
- Preserve the equipment. Do not throw away the fryer, lid, pot, regulator, tank or extension cords. Store them safely for inspection.
- Identify witnesses and video. Get names and phone numbers, and note any doorbell or outdoor cameras.
- Report it in writing if the injury happened at a rental, business or association property, and ask that video and maintenance records be preserved.
- Be careful with statements and social media. Stick to the facts until you have spoken with a lawyer.
Georgia Law and Deadlines That Can Affect Your Claim
- Two-year statute of limitations. Most Georgia personal injury lawsuits must be filed within two years of the injury (O.C.G.A. § 9-3-33). See our guide to Georgia injury deadlines.
- Ten-year limit for product claims. Strict liability claims against a manufacturer generally cannot be brought more than 10 years after the product’s first sale for use, with narrow exceptions.
- Comparative fault. Your recovery may be reduced by your percentage of fault, and you cannot recover if you are 50% or more at fault (O.C.G.A. § 51-12-33). Facts such as where the fryer sat and what warnings were given matter.
Insurance That May Help with Immediate Costs
- Homeowner’s or renter’s liability coverage at the property where you were hurt, when the owner is legally responsible. Many homeowner policies also include limited medical payments coverage for guests that can help with early bills regardless of fault.
- Product liability coverage from the manufacturer for design or manufacturing defects.
- A business’s liability coverage when the injury happened at a restaurant, venue or other commercial property.
- Your own health insurance to keep treatment moving while responsibility is sorted out.
Common Injuries and Damages
Holiday cooking accidents can cause second- and third-degree burns, smoke inhalation, scalds to the hands, arms and face, falls while escaping a fire, and scars that need grafts or revision. When another party is responsible, recoverable damages can include emergency care, surgery and rehab, future medical needs, lost wages, scarring and disfigurement, pain and suffering and damaged personal items.
Turkey Fryer Safety for the Rest of the Season
- Fry outdoors on level, dry ground, well away from the house, and never on a wooden deck, in a garage or under a carport.
- Fully thaw and dry the turkey, and do not overfill the oil.
- Keep children and pets well away from the fryer.
- Wear heat-resistant gloves and eye protection, and keep a fire extinguisher rated for grease fires nearby. Never use water on a grease fire.
- If you are hosting, check lighting, cords and walkways before guests arrive.
Frequently Asked Questions
Can I Sue If I Was Burned at a Family Member’s Thanksgiving Dinner?
It is often difficult. Georgia treats social guests in a private home as licensees, and a homeowner is liable to a licensee only for willful or wanton injury. You may still have a claim against a manufacturer if the equipment was defective, or against another person whose carelessness caused the injury.
What If the Turkey Fryer Was Defective?
You may have a product liability claim against the manufacturer. Keep the fryer, lid, regulator and packaging, and write down where and when it was bought. Do not repair it or throw it away.
Does Homeowner’s Insurance Cover a Guest’s Burn Injury?
It can, if the homeowner is legally responsible. Many homeowner policies also include a small amount of medical payments coverage for guests regardless of fault, so it is worth asking.
How Long Do I Have to File a Burn Injury Claim?
Most Georgia personal injury claims must be filed within two years of the injury. Product claims against a manufacturer also face a 10-year limit from the product’s first sale.
If a Thanksgiving cooking accident left you with a serious burn, The Gunn Law Group can review what happened in a free, no-obligation consultation, and you pay no attorney fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866). Hablamos español.
