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Alabama · Claims for burns from hot soup

Claims for burns from hot soup in Alabama

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Filing deadline2 years from date of burn (tolled until age 19 for minor victims; no product statute of repose in force)Ala. Code § 6-2-38

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Alabama?

Alabama has a 2-year statute of limitations for personal injury and product liability claims (Ala. Code § 6-2-38). The age of majority in Alabama is 19, so the SOL for minor victims is tolled until age 19 (Ala. Code § 6-2-8). Child burn victims in Alabama have until age 21 (19 + 2 years) to file independently. A lawyer can confirm yours.

2 years from date of burn (tolled until age 19 for minor victims; no product statute of repose in force)

Alabama has no product liability statute of repose in force; the 10-year repose printed in Ala. Code § 6-5-502(c) was declared unconstitutional in Lankford v. Sullivan, Long & Hagerty, 416 So. 2d 996 (Ala. 1982).

Source: Ala. Code § 6-2-38

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Alabama is one of only five states that retains the harsh contributory negligence doctrine — any plaintiff fault, even 1%, completely bars recovery. This makes Alabama product liability cases extremely difficult to win on a negligence theory. However, Alabama recognizes strict liability under the Alabama Extended Manufacturer's Liability Doctrine (AEMLD), which allows recovery for defective products without proving negligence. Child burn claims in Alabama benefit from SOL tolling until age 19 (Alabama's age of majority).

Medical facilities in Alabama

  • UAB Hospital — Burn Center (Birmingham)

How this works nationally

For the overall process and updates, read the Claims for burns from hot soup overview. This page covers the local information available for Alabama.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Alabama? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. Ala. Code § 6-2-38