Statute of Limitations
Texas has a 2-year statute of limitations for personal injury and product liability claims (Tex. Civ. Prac. & Rem. Code § 16.003). The SOL is tolled during minority — child burn victims have until age 20 (18 + 2 years) to file independently. Texas also has a 15-year statute of repose for products (Tex. Civ. Prac. & Rem. Code § 16.012), extinguishing claims against the manufacturer 15 years after sale regardless of discovery. Parents should file promptly on behalf of child victims.
2 years from date of burn (tolled until age 18 for minor victims; 15-year statute of repose applies)
Where to File in Texas
Texas venue: Burn injury lawsuits are filed in Texas district courts (state court, county of injury or defendant's principal office). Harris County and Dallas County district courts are common venues given population density. Texas has no pending MDL for instant soup burn cases; state court is standard.
Statute of limitations: Texas Civil Practice & Remedies Code § 16.003 provides a 2-year SoL for personal injury from a defective product, running from the date of the scalding injury. Minor tolling applies under CPRC § 16.001 — the SoL does not begin until a minor reaches age 18.
Products liability standard: Texas follows strict products liability under Chapter 82 of the Texas Civil Practice & Remedies Code and the Restatement (Second) of Torts § 402A. A plaintiff may prevail on design defect, manufacturing defect, or marketing defect (inadequate warnings) without proving negligence.
Consumer protection: The Texas Deceptive Trade Practices Act (DTPA) allows burn injury plaintiffs to pursue claims for false or misleading labeling (e.g., 'microwave safe') that caused reliance and damages. DTPA permits up to three times economic damages for knowing violations and mandatory attorney's fees.
Exposure in Texas
Source: Tex. Civ. Prac. & Rem. Code § 33.001
Source: Tex. Civ. Prac. & Rem. Code § 16.012
Source: Harris County District Court record
Clinics & Specialists in Texas
University of Texas Medical Branch Burn Center (Galveston)
Parkland Memorial Hospital Burn Center (Dallas)
Your Legal Team
James Okafor
Partner
Houston, TX
James Okafor has dedicated his 15-year career to representing injury victims in Texas, with growing emphasis on product liability claims involving child burn injuries from defective consumer products. He has handled more than 60 product liability cases in Texas state and federal courts, with a track record of significant settlements against major food manufacturers. James is known for his meticulous preparation of child burn damages cases — retaining life care planners, pediatric burn surgeons, and child psychologists to build comprehensive damages presentations that consistently outperform defendant expectations. He has spoken at the Texas Trial Lawyers Association on child product injury litigation strategy.
Education
- J.D., University of Texas School of Law (2011)
- B.A., Sociology, Rice University (2008)