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Ohio · Claims for burns from hot soup

Claims for burns from hot soup in Ohio

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Filing deadline2 years from date of burn (tolled until age 18 for minor victims; 10-year statute of repose from product delivery)O.R.C. § 2305.10

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

Updated

01 · Your filing deadline

What is the deadline in Ohio?

Ohio has a 2-year statute of limitations for personal injury and product liability claims (O.R.C. § 2305.10). For minor victims, O.R.C. § 2305.16 tolls the SOL during minority. Ohio's 10-year statute of repose (O.R.C. § 2305.10(C)) bars claims against manufacturers more than 10 years after delivery of the product — relevant if an old cup caused the burn. A lawyer can confirm yours.

2 years from date of burn (tolled until age 18 for minor victims; 10-year statute of repose from product delivery)

File promptly to avoid any repose argument.

Source: O.R.C. § 2305.10

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?

Ohio follows modified comparative fault with a 51% bar. Ohio's product liability framework is governed by the Ohio Product Liability Act (O.R.C. Ch. 2307), which provides statutory claims for design defects, manufacturing defects, and failure to warn. Ohio has a 2-year SOL for personal injury and a 10-year statute of repose for product liability, meaning claims must be filed within 10 years of the product's delivery regardless of when the injury occurred. Child burn victims in Ohio benefit from SOL tolling until age 18.

Ohio venue: Instant soup burn claims are filed in Ohio Courts of Common Pleas (state court), General Division, in the county of injury or the defendant's principal place of business. Cuyahoga (Cleveland) and Franklin (Columbus) Counties are major personal injury venues. No federal MDL covers these cases.

Statute of limitations: Ohio Revised Code § 2305.10(A) establishes a 2-year SoL for product liability personal injury claims, running from the date of injury. ORC § 2305.16 tolls the period for minors — injured children have until 2 years after their 18th birthday to file.

Products liability standard: Ohio's Product Liability Act (ORC §§ 2307.71–2307.80) governs these claims. Plaintiffs may proceed on design defect (risk-utility test under § 2307.75), manufacturing defect (§ 2307.74), or inadequate warning (§ 2307.76) theories. Strict liability applies; negligence need not be proven.

Consumer protection: Ohio's Consumer Sales Practices Act (ORC § 1345.01 et seq.) prohibits unfair or deceptive acts in consumer transactions. Burn injury plaintiffs can assert CSPA claims for misleading product safety representations, recovering actual damages, non-economic damages, and attorney's fees.

Cuyahoga County Court of Common Pleas — Civil Division

1200 Ontario St, Cleveland, OH 44113

Court website

Franklin County Court of Common Pleas — Civil Division

345 S High St, Columbus, OH 43215

Court website

Medical facilities in Ohio

  • MetroHealth Medical Center — Regional Burn Center (Cleveland)

  • Cincinnati Children's Hospital Medical Center — 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 Ohio.

What happens when I check?

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Sources

  1. O.R.C. § 2305.10