New York · Claims for burns from hot soup

Claims for burns from hot soup in New York

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Filing deadline3 years from date of burn (tolled until age 18 for minor victims)N.Y. C.P.L.R. § 214

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in New York?

New York has a 3-year statute of limitations for product liability and personal injury claims (N.Y. C.P.L.R. § 214). For minor victims, CPLR § 208 tolls the SOL during infancy — a child's SOL does not begin to run until age 18, after which the standard 3-year period applies (total: until age 21). New York City courts are known for large verdicts and generous damages awards, making the jurisdiction highly favorable for serious burn injury claims. A lawyer can confirm yours.

3 years from date of burn (tolled until age 18 for minor victims)

Source: N.Y. C.P.L.R. § 214

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.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

New York follows pure comparative negligence — plaintiffs can recover regardless of their fault percentage, with damages reduced proportionally. New York City's court system — particularly in Kings County (Brooklyn) and Bronx County — is known for some of the highest product liability verdicts in the country. New York City's dense population and high concentration of apartment-dwelling families who rely on instant soup as an affordable meal creates substantial burn exposure. The 3-year product liability SOL was amended as of November 2024 to 3 years.

New York venue: Burn injury actions are commenced in New York Supreme Court (state trial court), typically in the county where the injury occurred or where a defendant transacts business. New York County (Manhattan) and Kings County (Brooklyn) are frequent venues. No federal MDL exists for instant soup burn claims.

Statute of limitations: CPLR § 214(5) provides a 3-year SoL for personal injury claims from a defective product, running from the date of injury. For minors, CPLR § 208 tolls the SoL until age 18, extending filing rights to three years after the injured child reaches majority.

Products liability standard: New York applies strict products liability under Voss v. Black & Decker (design defect) and Robinson v. Reed-Prentice (manufacturing defect). Under the risk-utility balancing test, plaintiffs prove the cup noodle container's design was not reasonably safe without proving the manufacturer was negligent.

Consumer protection: New York General Business Law §§ 349 and 350 prohibit deceptive acts and false advertising.

New York County Supreme Court

60 Centre St, New York, NY 10007

Court website

Kings County Supreme Court (Brooklyn)

360 Adams St, Brooklyn, NY 11201

Court website

Medical facilities in New York

  • New York-Presbyterian/Weill Cornell Burn Center

  • Staten Island University Hospital Burn Center

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 New York.

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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Sources

  1. N.Y. C.P.L.R. § 214