Travis County District Court (Civil)
1000 Guadalupe St, Austin, TX 78701
Court websiteTexas · Claims for burns from hot soup
Claims for burns from hot soup in Texas
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| Filing deadline | 2 years from date of burn (tolled until age 18 for minor victims; 15-year statute of repose applies)Tex. Civ. Prac. & Rem. Code § 16.003 |
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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 Texas?
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. A lawyer can confirm yours.
2 years from date of burn (tolled until age 18 for minor victims; 15-year statute of repose applies)
Parents should file promptly on behalf of child victims.
Source: Tex. Civ. Prac. & Rem. Code § 16.003
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?
Texas operates under modified comparative fault with a 51% bar — plaintiffs who are 51% or more at fault cannot recover. For product liability claims, Texas applies its Products Liability Act (Tex. Civ. Prac. & Rem. Code Ch. 82), which allows recovery for design defects, manufacturing defects, and marketing defects (failure to warn). Child burn cases in Texas benefit from SOL tolling until age 18. Harris County (Houston) and Dallas County courts are primary venues for large product liability cases and have produced significant verdicts for burn victims.
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.
Dallas County District Court (Civil Division)
600 Commerce St, Dallas, TX 75202
Court websiteEl Paso County District Court (Civil Division)
500 E San Antonio Ave, El Paso, TX 79901
Court websiteTarrant County District Court (Civil Division)
100 W Weatherford St, Fort Worth, TX 76196
Court websiteHarris County District Court (Civil)
201 Caroline St, Houston, TX 77002
Court websiteBexar County District Court (Civil)
100 Dolorosa St, San Antonio, TX 78205
Court websiteMedical facilities in Texas
University of Texas Medical Branch Burn Center (Galveston)
Parkland Memorial Hospital Burn Center (Dallas)
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 Texas.
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- Tex. Civ. Prac. & Rem. Code § 16.003