Statute of Limitations
California has a 2-year statute of limitations for personal injury and product liability claims (Cal. Code Civ. Proc. § 335.1), running from the date of the burn injury. For child victims, the SOL is tolled until the child's 18th birthday, after which the standard 2-year period applies (Cal. Code Civ. Proc. § 352). Parents may bring suit on behalf of minor children at any time during minority without waiting.
2 years from date of burn (tolled until age 18 for minor victims)
Where to File in California
California venue: Instant soup burn cases are filed in California Superior Court (county of injury or defendant's principal place of business). Nissin Foods USA is headquartered in Gardena, CA, making Los Angeles County Superior Court a common venue. No federal MDL exists for cup noodle burn cases; state court is the proper forum.
Statute of limitations: California Code of Civil Procedure § 335.1 sets a 2-year SoL for personal injury claims, running from the date of the burn injury. For injured minors, the period is tolled until age 18 (CCP § 352), giving children until their 20th birthday to file.
Products liability standard: California applies strict products liability under the consumer expectations test and risk-utility test (Barker v. Lull Engineering). Plaintiffs need not prove negligence — only that the cup noodle container was defective in design, manufacture, or warnings and that the defect caused the burn injury.
Consumer protection: The California Consumers Legal Remedies Act (CLRA, Civil Code § 1770) and Unfair Competition Law (UCL, Bus. & Prof. Code § 17200) provide additional remedies for deceptive marketing of microwave-safe soup cups. Class actions under CLRA/UCL are viable alongside individual injury claims.
Exposure in California
Source: U.S. Census 2024
Source: Li v. Yellow Cab Co., 13 Cal.3d 804 (1975)
Source: Los Angeles Superior Court public record
Clinics & Specialists in California
LAC+USC Medical Center — Regional Burn Center
UC Davis Medical Center — Sacramento Shriners Burns Institute
Your Legal Team
Sarah Mitchell
Senior Partner
Los Angeles, CA
Sarah Mitchell has spent 18 years representing burn victims and product liability plaintiffs in Southern California, with a particular focus on defective consumer product cases involving children. Her engineering background gives her a unique ability to engage with product design expert witnesses and cross-examine defense engineers on the physics of cup stability, heat transfer, and foreseeable consumer use. She has recovered more than $60 million for product liability clients across California, including multiple seven-figure verdicts in pediatric burn cases. Sarah serves on the Product Liability Litigation Group Executive Committee of the American Association for Justice.
Education
- J.D., UC Berkeley School of Law (2008)
- B.S., Chemical Engineering, UCLA (2005)