Fulton County State Court — Civil Division
136 Pryor St SW, Atlanta, GA 30303
Court websiteGeorgia · Claims for burns from hot soup
Claims for burns from hot soup in Georgia
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| Filing deadline | 2 years from date of burn (tolled until age 18 for minor victims; 10-year statute of repose from first sale)O.C.G.A. § 9-3-33 |
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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 Georgia?
Georgia has a 2-year statute of limitations for personal injury and product liability claims (O.C.G.A. § 9-3-33). For minor victims, O.C.G.A. § 9-3-90 tolls the SOL during minority. Georgia also has a 10-year statute of repose for product liability (O.C.G.A. § 51-1-11(b)(2)) that bars claims more than 10 years after the product's first sale. A lawyer can confirm yours.
2 years from date of burn (tolled until age 18 for minor victims; 10-year statute of repose from first sale)
File promptly to preserve all rights.
Source: O.C.G.A. § 9-3-33
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?
Georgia follows modified comparative fault with a 50% bar — plaintiffs who are 50% or more at fault cannot recover. Georgia's product liability law allows strict liability claims for design defects and manufacturing defects, and failure to warn is available under negligent misrepresentation and negligent design theories. Fulton County (Atlanta) courts have produced notable plaintiff verdicts in consumer product liability cases. Child burn SOL is tolled until age 18.
Georgia venue: Burn injury lawsuits are filed in Georgia Superior Courts (state court), in the county where the injury occurred or where the defendant is registered. Fulton County (Atlanta) and Gwinnett County are primary venues for personal injury litigation. No federal MDL exists for cup noodle burn claims.
Statute of limitations: O.C.G.A. § 9-3-33 provides a 2-year SoL for personal injury actions, running from the date of the scalding burn. Under O.C.G.A. § 9-3-90, the SoL is tolled for minors — injured children may file within 2 years of turning 18.
Products liability standard: Georgia applies strict liability under O.C.G.A. § 51-1-11 for defective products sold in the ordinary course of business. Plaintiffs prove the soup container was not merchantable and reasonably suited for its intended use. Both design defect and manufacturing defect theories are available.
Consumer protection: Georgia's Fair Business Practices Act (O.C.G.A. § 10-1-390 et seq.) prohibits unfair or deceptive trade practices in consumer transactions. Burn plaintiffs can seek actual damages and, for intentional violations, up to three times actual damages plus attorney's fees.
Medical facilities in Georgia
Grady Memorial Hospital — Joseph M. Still Burn Center (Atlanta)
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 Georgia.
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 Georgia? Read what applies in your state.
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- O.C.G.A. § 9-3-33