Statute of Limitations
Florida has a 4-year statute of limitations for product liability claims (Fla. Stat. § 95.11(3)(e)), which is longer than the 2-year personal injury SOL. For child victims, the SOL is tolled during minority under Fla. Stat. § 95.051. Florida also has a 12-year statute of repose for products. The extended 4-year SOL gives Florida burn victims more time to investigate and file, though early filing remains strongly advisable.
4 years from date of burn (tolled until age 18 for minor victims; 12-year statute of repose applies)
Where to File 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(3)(a) sets a 2-year SoL for personal injury claims (reduced from 4 years by 2023 amendment). The clock begins on the date of the burn. For minors, § 95.051 tolls the SoL during minority, meaning injured children may file within 2 years of turning 18.
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.
Exposure in Florida
Source: Fla. Stat. § 95.11(3)(e)
Source: Fla. Stat. § 768.81
Source: Miami-Dade Circuit Court public record
Clinics & Specialists in Florida
University of Miami/Jackson Memorial Hospital Regional Burn Center
Tampa General Hospital — Burn Center
Your Legal Team
Diana Reyes
Partner
Miami, FL
Diana Reyes brings 13 years of product liability and personal injury experience to burn victims across Florida, where the state's large Hispanic population disproportionately consumes instant soup products and is underserved by English-only legal resources. Her bilingual practice has allowed her to represent immigrant families who previously had no access to product liability counsel after their children suffered serious burns. Diana has secured recoveries exceeding $500,000 in multiple cup-noodle burn cases in Florida and is recognized as a rising leader in the Florida Justice Association's Product Liability Section.
Education
- J.D., University of Florida Levin College of Law (2013)
- B.A., Political Science, Florida International University (2010)