Fort Worth Injuries

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Insurance says my kid touched the hot stove so Texas won't pay?

At a Fort Worth apartment off Camp Bowie Boulevard or near Hulen Mall, the insurer may tell you this: your child "caused" the burn by touching the stove, kids are unpredictable, and that means there is no claim.

What is actually true in Texas is much different. A property owner, landlord, daycare, store, or product maker can still be responsible if the burn happened because of an unreasonably dangerous condition they failed to fix, guard, warn about, or design safely.

For a child burn case, the real questions are things like: Was the stove surface overheating beyond normal? Was a knob guard missing in a daycare? Was a faulty range installed in a rental? Did management ignore prior complaints? Did a store display or appliance create a foreseeable risk to children?

Texas uses modified comparative fault under Chapter 33 of the Texas Civil Practice and Remedies Code. That means fault can be divided. It does not mean the insurance company gets to deny the claim just because a child made contact with the hazard. And very young children are not judged the same way adults are.

If this happened in a rental home or apartment, preserve evidence fast:

  • photos of the stove, knobs, burners, and kitchen layout
  • lease records and repair requests
  • names of witnesses, maintenance staff, and prior tenants
  • pediatric and burn treatment records
  • the appliance model and serial number

If the insurer is pushing blame early, that is often a claims tactic to shut down payment before the facts come out.

Texas also has a hard general lawsuit deadline of 2 years for most injury claims under Texas Civil Practice and Remedies Code § 16.003. If a dangerous appliance or unsafe property condition burned your child, "kids do dumb things" is not a legal excuse for an insurer to walk away.

by Diane Kowalski on 2026-03-30

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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