Start Your Free Review
Answer 2-3 quick questions to review your potential case.
Statute of Limitations
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.
3 years from date of burn (tolled until age 18 for minor victims)
Where to File in New York
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. Burn victims may assert GBL claims for misleading 'microwave safe' labeling, recovering actual damages (minimum $50 per § 349(h)), attorney's fees, and treble damages up to $1,000 for willful violations.
Exposure in New York
Source: CPLR § 1411
Source: N.Y. C.P.L.R. § 208
Source: New York County Supreme Court record