Fresno County Superior Court — Civil Division
1130 O St, Fresno, CA 93724
Court websiteCalifornia · Claims for burns from hot soup
Claims for burns from hot soup in California
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| Filing deadline | 2 years from date of burn (tolled until age 18 for minor victims)Cal. Code Civ. Proc. § 335.1 |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in California?
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. A lawyer can confirm yours.
2 years from date of burn (tolled until age 18 for minor victims)
Source: Cal. Code Civ. Proc. § 335.1
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.
02 · Where cases are heard
Where would my case be heard?
California is one of the most plaintiff-friendly states for product liability claims. Under California's pure comparative fault system, a burn victim recovers damages reduced only by their own percentage of fault — even 99% fault on the plaintiff still allows 1% recovery. California's strict liability doctrine, established in Greenman v. Yuba Power Products (1963), requires no proof of negligence: only that the product was defective and caused injury.
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.
Los Angeles Superior Court — Stanley Mosk Courthouse
111 N Hill St, Los Angeles, CA 90012
Court websiteSacramento County Superior Court — Civil Division
720 9th St, Sacramento, CA 95814
Court websiteSan Francisco County Superior Court
400 McAllister St, San Francisco, CA 94102
Court websiteSanta Clara County Superior Court — Downtown Courthouse
191 N First St, San Jose, CA 95113
Court websiteMedical facilities in California
LAC+USC Medical Center — Regional Burn Center
UC Davis Medical Center — Sacramento Shriners Burns Institute
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 California.
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- Cal. Code Civ. Proc. § 335.1