Mecklenburg County Superior Court
832 E 4th St, Charlotte, NC 28202
Court websiteNorth Carolina · Claims for burns from hot soup
Claims for burns from hot soup in North Carolina
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| Filing deadline | 3 years from date of burn (tolled until age 18 for minor victims; 12-year statute of repose)N.C.G.S. § 1-52 |
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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 North Carolina?
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. A lawyer can confirm yours.
3 years from date of burn (tolled until age 18 for minor victims; 12-year statute of repose)
Source: N.C.G.S. § 1-52
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?
North Carolina is one of only five states that retains the harsh contributory negligence doctrine — if a plaintiff is even 1% at fault, they recover nothing. This makes product liability cases in North Carolina particularly challenging and underscores the importance of presenting instant soup burn claims strictly as manufacturer defect cases, minimizing any arguable consumer fault in the cup placement or handling. Child burn victims are subject to SOL tolling and the contributory fault defense does not apply to the child directly.
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.
Wake County Superior Court — Civil Division
316 Fayetteville St, Raleigh, NC 27601
Court websiteMedical facilities in North Carolina
UNC Burn Center — UNC Hospitals (Chapel Hill)
Wake Forest Baptist Medical Center — Burn Center (Winston-Salem)
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 North Carolina.
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.
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- N.C.G.S. § 1-52