Claims for burns from hot soup in Florida

Florida venue: Instant soup burn cases are filed in Florida Circuit Courts (state court, county of incident or defendant's Florida office). Miami-Dade, Broward, and Hillsborough circuits are high-volume personal injury venues. No federal MDL has been established for these claims.

Statute of limitations: Florida Statutes § 95.11(5)(a) sets a 2-year SoL for negligence claims (reduced from 4 years by 2023 amendment); product liability claims have 4 years under § 95.11(3)(d). The clock begins on the date of the burn. For minors, § 95.051(1)(i) tolls the SoL only while the child has no parent, guardian or guardian ad litem (or one with an adverse interest), and the action must be begun within 7 years.

Products liability standard: Florida imposes strict liability for defective products under the risk-utility test articulated in West v. Caterpillar. Plaintiffs pursuing cup noodle burn claims must show the container had an unreasonably dangerous design, manufacturing defect, or inadequate warning, and that the defect caused the injury.

Consumer protection: Florida's Unfair and Deceptive Trade Practices Act (FDUTPA, § 501.201 et seq.) allows plaintiffs to seek actual damages and attorney's fees for deceptive representations about microwave safety or product design, supplementing the strict liability claim.