Instant Soup Burns Lawsuit in Illinois

Preparing your case review…
Written By
People's Justice Legal Research Team

Statute of Limitations

Illinois has a 2-year statute of limitations for personal injury claims and a 5-year SOL for strict liability product liability claims (735 ILCS 5/13-213). For minor victims, 735 ILCS 5/13-211 tolls the SOL during minority. Illinois has a 12-year statute of repose for product liability (735 ILCS 5/13-213(b)), extinguishing claims more than 12 years after the product's delivery. Plaintiffs should rely on the longer 5-year product liability SOL where applicable.

2 years (personal injury) or 5 years (strict product liability) from date of burn; tolled until age 18 for minor victims; 12-year repose

Filing Venue

Where to File in Illinois

Illinois venue: Burn injury cases are filed in Illinois Circuit Courts (state court), most commonly in Cook County (Chicago) given its volume of personal injury filings and presence of distributor offices. No MDL has consolidated instant soup burn cases federally.

Statute of limitations: 735 ILCS 5/13-202 provides a 2-year SoL for personal injury actions, running from the date of the scalding injury. Under 735 ILCS 5/13-211, the SoL is tolled for minors until age 18, granting injured children a 2-year window after reaching majority.

Products liability standard: Illinois imposes strict liability under the consumer expectations test for design and manufacturing defects (Lamkin v. Towner). Plaintiffs in cup noodle burn cases need not prove negligence — they must show the container was unreasonably dangerous and that the defect caused the burn.

Consumer protection: The Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/2) enables burn plaintiffs to challenge false or misleading microwave-safety representations. Remedies include actual damages, punitive damages, injunctive relief, and attorney's fees.

Illinois Data

Exposure in Illinois

Source: 735 ILCS 5/13-213

Source: ATRF National Jury Survey 2024

Source: Cook County Circuit Court public record

Medical Resources

Clinics & Specialists in Illinois

Loyola University Medical Center — Burn and Reconstructive Center (Maywood)

Stroger Hospital of Cook County — Burn Unit

FAQ

Frequently Asked Questions

See details below.
See details below.
See details below.
See details below.
See details below.
See details below.
See details below.
See details below.
See details below.
See details below.
See details below.
See details below.
Back to Instant Soup Burns Lawsuit Overview