Statute of Limitations
North Carolina has a 3-year statute of limitations for personal injury and product liability claims (N.C.G.S. § 1-52). For minor victims, N.C.G.S. § 1-17 tolls the SOL during minority — child has until age 21 (18 + 3 years) to file independently. North Carolina has a 12-year statute of repose for product liability (N.C.G.S. § 1-50(a)(6)), extinguishing claims more than 12 years after the product's initial purchase.
3 years from date of burn (tolled until age 18 for minor victims; 12-year statute of repose)
Where to File in North Carolina
North Carolina venue: Instant soup burn cases are filed in North Carolina Superior Courts (state court), in the county of injury or where the defendant does business. Mecklenburg (Charlotte) and Wake (Raleigh) counties are primary personal injury venues. No federal MDL governs these claims.
Statute of limitations: N.C. Gen. Stat. § 1-52(16) provides a 3-year SoL for personal injury from a defective product, measured from the date of injury. Under N.C.G.S. § 1-17, minors have 3 years from their 18th birthday to file, regardless of the injury date.
Products liability standard: North Carolina follows strict liability for product defects under N.C.G.S. § 99B-1 et seq. (Products Liability Act). Plaintiffs may bring design defect or manufacturing defect claims; failure-to-warn claims are also available under § 99B-5. Contributory negligence remains a complete bar in NC — comparative fault does not apply.
Consumer protection: The North Carolina Unfair and Deceptive Trade Practices Act (N.C.G.S. § 75-1.1) provides a private right of action for deceptive representations about product safety. Prevailing plaintiffs receive mandatory treble damages and attorney's fees — a powerful supplement to product liability claims.
Exposure in North Carolina
Source: N.C.G.S. § 1-139
Source: NC case law on imputed contributory negligence
Source: N.C.G.S. § 1-50(a)(6)