Philadelphia Court of Common Pleas — Civil Division
City Hall, Philadelphia, PA 19107
Court websitePennsylvania · Claims for burns from hot soup
Claims for burns from hot soup in Pennsylvania
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| Filing deadline | 2 years from date of burn (tolled until age 18 for minor victims; no statute of repose)42 Pa. C.S. § 5524 |
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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 Pennsylvania?
Pennsylvania has a 2-year statute of limitations for personal injury and product liability claims (42 Pa. C.S. § 5524). For minor victims, 42 Pa. C.S. § 5533 tolls the SOL during minority — a child has until age 20 (18 + 2 years) to file independently. Pennsylvania does not have a separate statute of repose for product liability, which benefits plaintiffs with delayed discovery of product connections. A lawyer can confirm yours.
2 years from date of burn (tolled until age 18 for minor victims; no statute of repose)
Source: 42 Pa. C.S. § 5524
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?
Pennsylvania follows modified comparative negligence with a 51% bar. Pennsylvania applies a unique product liability framework: the state has not fully adopted the Restatement Third approach and continues to apply strict liability under Restatement Second § 402A, which requires proof that the product was in a 'defective condition unreasonably dangerous' — a standard considered plaintiff-friendly. Philadelphia County juries are known for substantial verdicts in personal injury and product liability cases.
Pennsylvania venue: Instant soup burn cases are filed in Pennsylvania Courts of Common Pleas (state court), in the county of injury or where the defendant has a registered office. Philadelphia and Allegheny Counties are primary personal injury venues. No federal MDL governs these claims.
Statute of limitations: 42 Pa. C.S. § 5524(2) establishes a 2-year SoL for personal injury actions, beginning on the date of the burn. Pennsylvania tolls the SoL for minors under 42 Pa. C.S. § 5533 — injured children have 2 years from their 18th birthday to file.
Products liability standard: Pennsylvania follows strict liability under Restatement (Second) § 402A as interpreted by Webb v. Zern and Tincher v. Omega Flex. Plaintiffs may pursue design defect claims under either the consumer expectations or risk-utility test, without proving negligence against Nissin, Maruchan, or Campbell's.
Consumer protection: Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL, 73 P.S. § 201-1 et seq.) allows recovery for deceptive representations about product safety. Prevailing plaintiffs may recover actual damages, up to three times actual damages for intentional violations, and reasonable attorney's fees.
Medical facilities in Pennsylvania
Temple University Hospital Burn Center (Philadelphia)
UPMC Mercy Burn Center (Pittsburgh)
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 Pennsylvania.
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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- 42 Pa. C.S. § 5524